POSSIBLE FOUL ON WHAT SHOULD HAVE BEEN A SLAM DUNK CASE
Tuesday, August 4, 2009 at 10:51PM
Picture of meth user's arms from the (www.anti-meth.org)Two people were arrested after police found a meth lab inside the home. Not only was an entire meth lab discovered, but a loaded gun was found nearby the basement dwelling of the couple where 5 kids also resided.
According to Boise's "Beacon Journal" staff writer Ed Meyer, "
The children — identified by Akron police as 11, 7, 5, 4 and 2 years old — and the 17-year-old were placed in the custody of Summit County Children Services. They are currently in the agency's care as officials consider foster homes, Akron Police Capt. Dan Zampelli said.
The couple, Ronald Lee Copeland, 37, and Sasha Marie Archer, 27, are being held at the county jail on drug and child-endangering charges. A jail official said bonds for both were set at $100,000.
On its face, the case looks like a slam dunk. Police acted on a tip, knocked on the door, and the couple gave them consent to search the house.
Last night, additional details were reported by a law enforcement official working the case.
1. The man’s aunt and uncle answered the door and allowed the police inside of the home.
2. A local meth lab tacitical team had known about this home for a week or so.
3. The police were acting on a tip from an informant.
4. Family services had recievied complaints at this home approximately 9 times.
5. The aunt and uncle cared for a sick relative in the upstairs portion of the home.
6. The couple and the children lived in the downstairs dwelling of the home.
7. The man allegedly consented to the search of the downstairs area of the home and the search also revealed his mail with his name on it ddressed to that location.
To the average person, this case looks like a winner for local prosecutors. But not so fast. I have a serious problem with this case: Where was the warrant???
A warrant can be obtained within minutes. All that needed to be done is that nvestigators go to the judge, they provide the judge with the information from the informant and any information they obtained in their WEEK-LONG investigation. Now, with the "consent" to come into the home, the "consent" issue may be a big battle for prosecutors. It would have been so simple for them to get a warrant. Silly that they did not.
Also remember that Family Services personel were called to that house allegedly 9 times. Police could have gotten a warrant based on alleged child endangerment alone...meth lab aside!
The couple is charged with numerous drug offenses and child endangerment. If convicted, they are looking at spending decades behind bars.
BUT, if defense attorneys file motions to suppress the evidence, which they may, any "fruits" of the illegal search can be tossed out of court. Then, certain charges might have to be dismissed.
It's this kind of thoughtless behavior on the part of the police that allows the bad guys back on the streets. Many people are found "not guilty" because of crappy police work, not because they didn't commit the crime, thanks to the American justice system.
Click here for pictures of what meth can do to you. Disgusting!
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