Home | Community | Message Board

Magic-Mushrooms-Shop.com
This site includes paid links. Please support our sponsors.


Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Shop: Bridgetown Botanicals Bridgetown Botanicals   Original Sensible Seeds Autoflowering Cannabis Seeds   Kraken Kratom Red Vein Kratom   PhytoExtractum Buy Bali Kratom Powder

Jump to first unread post Pages: 1
OfflinemotamanM
old hand
 User Gallery
Registered: 12/18/02
Posts: 6,049
Last seen: 26 days, 14 hours
Judge: Evidence obtained at drug bust invalid
    #1557937 - 05/18/03 02:43 PM (21 years, 2 months ago)

http://www.thereporteronline.com/site/news.cfm?newsid=8041718&BRD=2275&PAG=461&dept_id=466404&rfi=6

Judge: Evidence obtained at drug bust invalid




BETH COHEN , Staff Writer 05/17/2003




NORRISTOWN ? A Montgomery County judge has ruled that evidence seized during a drug bust and statements allegedly given to police cannot be used at trial because the search warrant police obtained was unsigned and deemed invalid.


?The rules of criminal procedure required a signature?? said Sean Cullen? captain of Montgomery County District Attorney?s Narcotics Unit. ?In this case? there were multiple search warrants and it is our position that District Justice (John) Murray sealed and signed them properly.?

At issue is a June 27? 2002? search warrant that Montgomery County Detectives and the Pennsylvania State Police served on the home of Michael DeFrancesco? 49? of the 1500 block of Skippack Pike in Whitpain? which had been filled out and contained the seal of District Justice Murray? according to court records.

The only thing missing was Murray?s signed initials within the authorization seal? said Fiore Vagnozzi? who represents DeFrancesco.

Murray did? however? sign three other search warrants issued at the same time for residences in Hatfield Township and Norristown? and for DeFrancesco?s 1995 Jeep Cherokee? according to court records.

The locations were identified by police as the sources of a methamphetamine trafficking operation.

A confidential informant told police that DeFrancesco?s Whitpain home was where he ?cooked the methamphetamine? to produce crystal and P2P meth? an affidavit of probable cause stated.

Because of the unsigned Whitpain warrant? Montgomery County Common Pleas Judge Richard J. Hodgson on May 15 ruled all items seized from the DeFrancesco?s home and all statements he allegedly made to police be suppressed.

Vagnozzi said he discovered the oversight by reading through the court files.

?It?s why you have to study the file?? he said. ?To me this means the case is over because the case law states that an unsigned warrant is not a warrant.?

Cullen said Friday he was disappointed with the ruling and understands that Hodgson was bound by ?Draconian? case law.

The District Attorney?s Office will appeal the case law to the state Superior Court and ultimately to the state Supreme Court if necessary? he said.

?We know that the judge did everything possible to say everything was OK?? Cullen said. ?He was restrained by a law that he was forced to follow.?

In prior state Supreme Court cases? attorneys did not require the district justices to testify about whether he or she approved a search warrant.

But Cullen said his case is different because Murray was asked to testify during a May 7 suppression hearing before Hodgson and Murray admitted under oath that he had approved the search warrant but failed as ?an oversight? to sign it.

?When he put his seal on the line? our contention is that he approved it?? Cullen said.

While the case is being appealed? DeFrancesco remains on 10 percent of $50?000 bail. Narcotics violation charges are still pending against him.





--------------------
http://heffter.org

Extras: Filter Print Post Top
Offlinedaba
Stranger
 User Gallery

Registered: 12/30/02
Posts: 3,881
Last seen: 11 years, 5 months
Re: Judge: Evidence obtained at drug bust invalid [Re: motaman]
    #1558396 - 05/18/03 07:10 PM (21 years, 2 months ago)

Wow, I used to LIVE in Montgomery county!


--------------------
Fold for The Shroomery!

Extras: Filter Print Post Top
OfflineDreamer987
The VerbalHerman Munster
Female

Registered: 04/15/03
Posts: 5,326
Loc: Texas
Last seen: 16 years, 6 months
Re: Judge: Evidence obtained at drug bust invalid [Re: motaman]
    #1558970 - 05/18/03 10:31 PM (21 years, 2 months ago)

Why can't they ever fuck up on technicallitys for Weed busts, no its always gotta be the fucking meth doctors that get off scot free.


--------------------

Extras: Filter Print Post Top
OfflineSeussA
Error: divide byzero

Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 5 months, 3 days
Re: Judge: Evidence obtained at drug bust invalid [Re: Dreamer987]
    #1559485 - 05/19/03 06:25 AM (21 years, 2 months ago)

Quote:

Why can't they ever fuck up on technicallitys for Weed busts, no its always gotta be the fucking meth doctors that get off scot free.




Because then they wouldn't have an excuse to use hundreds of millions of our tax money to build nice new prisons to hold all the cannabis smokers.


--------------------
Just another spore in the wind.

Extras: Filter Print Post Top
Jump to top Pages: 1

Shop: Bridgetown Botanicals Bridgetown Botanicals   Original Sensible Seeds Autoflowering Cannabis Seeds   Kraken Kratom Red Vein Kratom   PhytoExtractum Buy Bali Kratom Powder


Similar ThreadsPosterViewsRepliesLast post
* New year noise complaint leads to drug bust motamanM 2,014 0 01/07/04 05:40 PM
by motaman
* Tip leads to county's biggest drug bust of year; 4 arrested motamanM 4,882 0 12/24/03 02:59 PM
by motaman
* Sizeable mushroom bust said to be one of biggest on record *DELETED*
( 1 2 all )
cerealrat 13,034 30 07/13/04 12:38 AM
by Anno
* Drug bust leads to father, son motamanM 4,735 6 03/27/03 03:06 AM
by Mitchnast
* N Korean aide flees to US after drug bust motamanM 2,335 2 05/21/03 08:11 PM
by Hans_Moleman
* High School Drug Bust May Get Senior 30 Years motamanM 4,209 8 10/26/18 09:23 AM
by motaman
* Drugs seized in Amsterdam, USA AnnoA 4,846 12 01/22/04 06:02 PM
by BadEnglish
* The Drug War Goes Up in Smoke (lengthy but worthwhile read) Demiurge 5,422 2 08/14/03 06:17 AM
by TheHobbit

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: motaman, veggie, Alan Rockefeller, Mostly_Harmless
2,801 topic views. 0 members, 4 guests and 5 web crawlers are browsing this forum.
[ Show Images Only | Sort by Score | Print Topic ]
Search this thread:

Copyright 1997-2024 Mind Media. Some rights reserved.

Generated in 0.025 seconds spending 0.008 seconds on 14 queries.