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8:25 p.m. • 2-10-12

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Judge Rules Mike Peterson's Rights Were Not Violated In Police Searches


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The judge ruled Tuesday that Mike Peterson's rights were not violated, and that all the evidence in question will be admissible at trial.

Peterson is on trial for the death of his wife, Kathleen, at the home in December 2001.

For the last two days, defense lawyers had grilled police about procedures used in getting the search warrants. Peterson's attorneys argued that police did not have probable cause to even get the search warrants. They claimed the warrants were too broad and were unconstitutional.

David Rudolf, the lead defense lawyer, told WRAL he was surprised by the ruling.

"I think this is a very clear case of police exceeding bounds of what's permissible and the record establishes that, but we'll respect the judge's decision and we'll go on and we'll deal with the evidence as it comes in," Rudolf said.

Even though some evidence technicians admitted that certain procedures were not followed, the judge said that the way the warrants were obtained were valid and done in good faith.

The district attorney's office had no comment on the ruling.

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