Thomas P. O'Connell, P.A. “Defending the Rights of the Accused”

After two (2) years of litigation, Judge Geoffrey Cohen granted Tom O’Connell’s Motion to Suppress Physical Evidence and Statements of the Defendant in a case where the Defendant was charged with Drug Trafficking, Possession of Cocaine, Possession of Marijuana and Domestic Violence. The Defendant’s Sister called the police indicating he had struck her. After meeting the Defendant’s Sister at a shopping center parking lot, the Defendant’s Sister escorted the police officers into his residence. There was no search warrant, no consent, and the officer used the Defendant’s Sister as a shield to enter the residence. Judge Cohen ruled the warrantless seizure of the Defendant, and seizure of the contraband was illegally obtained. A Court Order indicated the Court was troubled by the reported manner in which the Defendant’s Father was treated by at least one (1) police officer in his home. The Court indicated clearly neither the Mother or the Father participated in their Son’s unlawful behavior and they no doubt were greatly distress by it. For the officer to treated the father in the manner described is “offensive and beneath the dignity of law enforcement”. The Trial Court found that the officers failed to follow proper procedure in failing to request consent of the Defendant to search of his room. The Father’s consent was not controlling whether the area to be search was the Defendant’s bedroom and the adult Defendant was physically present. All of the cocaine located in the residence was suppressed. The State later announced a nolle prosequi as to the Domestic Violence charged.

Posted in Cases.