MANKATO — A Minnesota Lake man arrested for allegedly stealing electricity and making methamphetamine has filed a lawsuit to have more than a dozen guns returned.
Five rifles, four shotguns and four handguns were confiscated from 33-year-old Christopher Michael Carey’s house when he was arrested by Blue Earth County Sheriff’s deputies July 4. His lawsuit, filed this week, also says he wants $314 in cash and a box of ammunition returned.
Investigators, including members of the Minnesota River Valley Drug Task Force, searched Carey’s house after being led there by a power wire. The wire was connected to Carey’s house and a grain-storage site owned, in part, by Glen Taylor, according to a criminal complaint filed last month.
Another owner of the grain site, Michael Ward, and an electrician were looking for a power shutoff switch when they noticed the line running to Carey’s house. Deputy Tim Wendler later learned that power had been shut off at Carey’s house in September 2006.
A methamphetamine lab was allegedly found when the search was done for the electrical wire, the complaint said. Carey is facing felony charges of manufacturing methamphetamine and theft by swindle.
Neither of those charges are the types of crimes that justify forfeiture of property, Carey’s attorney, Richard Swanson, said in the civil suit. Carey’s filing claims the guns, cash and ammo were improperly seized and violates double jeopardy guaranteed by the constitution.
Carey was released from jail July 8 after posting a $10,000 bond. His next court date for the criminal charges is Tuesday. A hearing has not been set for the civil claim.
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