Tuesday, March 10, 2009Judge rules tax forms search was illegal
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Sharon Dunn

What is probable cause?
Probable cause indicates law enforcement officials have specific evidence that leads them to believe that a suspect committed a crime or that evidence of a crime will be found upon a search.A Weld District Court judge on Monday ruled that investigators illegally searched a Greeley tax preparation service to find evidence of immigrants using false Social Security numbers.

Weld District Court Judge James Hartmann issued a 30-page ruling that essentially said a warrant allowing investigators to rummage through 5,000 tax files to find 1,338 cases of suspected identity theft and criminal impersonation last October had more suspicion than probable cause.

The ruling applies specifically to the case of defendant Ramon Gutierrez but could apply to other cases Hartmann will hear involving Operation Number Games.

“The court will grant the motion to exclude evidence obtained during the search of Amalia’s Tax Services as these documents were seized in violation of the Fourth Amendment,â€