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OfflineWronguy
Registered: 03/05/05
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Alleged importers of heroin shipment say warrant was needed
    #6261175 - 11/08/06 10:27 AM (17 years, 4 months ago)

http://www.adn.com/news/alaska/matsu/story/8388963p-8284264c.html

Alleged importers of heroin shipment say warrant was needed

WASILLA -- Three Wasilla residents accused of importing more heroin in one shipment than Alaska sees in a year haggled in court Oct. 31 over a crucial point in the case -- whether or not Alaska state troopers needed a search warrant to enter their home.

According to police affidavits filed in the case, police intercepted a FedEx package stuffed with nearly seven ounces of heroin Feb. 7.

They took out most of the heroin, replaced it with a radio tracking device called a birddog, a trace amount of heroin and enough weight to simulate the missing drugs, trooper spokesman Greg Wilkinson said in February.

When Joe Jorgenson, 54, brought the package to a home on Outrigger Drive that day, there was no time to get a search warrant, argued prosecutor Curtis Martin. Investigators needed to get inside as quickly as possible so that nobody would destroy the package, he said.

The box was rigged to emit a signal when it was opened, and upon arrival at the house, "it got opened within minutes and it's not too hard to figure out you've just gotten a bunch of garbage in the mail," Martin said.

The next thing a criminal is going to do, he said, is "find a dark corner to hide your stuff or destroy it."

Verne Rupright, attorney for Alvin Severence III, 27, said police had no reason to hurry, no reason to believe the box would be destroyed besides a vague gut feeling.

The prosecution argument, he said, amounts to telling police officers that "anytime there are drugs they don't have to get a warrant."

Larry Wiggins, attorney for Mandy Still, 26, said the bulk of the drugs was safe in police custody. All that was left in the house was a mostly empty box, a trace amount of heroin and the tracking device.

When investigators entered, they didn't know who besides Jorgenson was involved and "they were after one thing -- they wanted to know who else was in the house," Wiggins said.

Pressing Martin to say how exactly police knew the evidence would be destroyed, Superior Court Judge Eric Smith said two things might occur to someone whose box of heroin showed up empty.

"Either my supplier didn't send them or the police intercepted them," Smith said.

He said that exceptions to warrant requirements are very narrow and asked Martin to explain why Jorgenson would assume the police were on to him instead of making "a very angry phone call" to his supplier.

Martin said that in the 20 minutes it would have taken to get a warrant, the remaining heroin could have been flushed down a toilet and the package and tracking device burned.

Rupright and Wiggins asked that all evidence obtained after police entered not be allowed at trial. Smith gave lawyers time to prepare more briefs explaining their sides of the issue. He promised to hear further arguments and make a decision before the case goes to trial Nov. 27.

Last case against John Pearl Smith closes; four years added to sentence

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Offlinededjam
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Re: Alleged importers of heroin shipment say warrant was needed [Re: Wronguy]
    #6261553 - 11/08/06 12:18 PM (17 years, 4 months ago)

I am interested on seeing the ruling on this one. We had a case similar to this locally recently. Police decided they didnt want to wait for a warrant and busted into someone's home. The police said if they would have waited, evidence would have been destroyed. The case was eventually throw out after a judge rulled that a police officer does not have the right or legal ability to decide when a warrant is not necessary. It was a great local victory for our constitutional rights.

We also had a similar case that just went before the KY supreme court. I know the case ended up being thrown out in that situation too, although i do not remember the details. I have the court documents at home (I actually knew one of the defendants) but havent really gone over them in depth.

Once again, its good to see our legal system holding up our constitutional rights and not letting the renegade police officers of this country do as they please by taking away the rights of citizens of this country.

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