TheeBadOne
Member
Ex-firefighter questions legality of police search
LOWELL The attorney for a fired Lowell firefighter who was arrested in a drug sting after 12 bags of cocaine were found in his home last spring, has questioned whether police had probable cause to conduct the search.
Lowell police arrested Christopher Holmes, 28, on May 30 after entering his home at 1890 Middlesex St., with a search warrant and discovering a stash of cocaine totaling about 13 grams, as well as 39 rounds of .45-caliber bullets.
Officers also allegedly found a digital scale typically used for weighing drugs.
Holmes allegedly pointed to a closet where police found the cocaine in a backpack, but claimed the drugs did not belong to him and that he was holding them for a friend.
In court documents, prosecutor Mark Walter explained that an informant, an admitted cocaine user, said he bought cocaine from "Chris," a Lowell firefighter, who lived at 1890 Middlesex St. and drove a Mitsubishi sport utility vehicle.
After two weeks of surveillance by Lowell detectives and two controlled purchases of cocaine from Holmes using the informant, Holmes was arrested and charged with possession of cocaine with intent to distribute.
But defense attorney Debra Dewitt questions whether the informant's information was enough probable cause to allow a search warrant. A hearing was scheduled for Feb. 6.
Holmes joined the Lowell Fire Department in June 2001 and worked out of the Stevens Street station in the city's Highlands section. He was fired from his two-year post after a grand jury indicted him last July.
Dewitt said Holmes' family is standing behind him.
http://www.lowellsun.com/Stories/0,1413,105~4761~1841580,00.html
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The $24,000 question is, "Was that enough Probable Cause to get a search warrant"?
Sounds like standard procedure, IE: an informant does controlled buys (they are searched before to make sure they have no drugs/money etc, then do a "controlled buy" for the cops with them watching). I suspect surveillance may have reveiled a thing or two also.
Now, keep the charges that you read about out of your head. With what the Police observed could they reasonably suspect that drugs or drug activity was occuring in that home? Reasonable discussion welcomed/encouraged. Please leave emotion at the door
All the best
TBO
LOWELL The attorney for a fired Lowell firefighter who was arrested in a drug sting after 12 bags of cocaine were found in his home last spring, has questioned whether police had probable cause to conduct the search.
Lowell police arrested Christopher Holmes, 28, on May 30 after entering his home at 1890 Middlesex St., with a search warrant and discovering a stash of cocaine totaling about 13 grams, as well as 39 rounds of .45-caliber bullets.
Officers also allegedly found a digital scale typically used for weighing drugs.
Holmes allegedly pointed to a closet where police found the cocaine in a backpack, but claimed the drugs did not belong to him and that he was holding them for a friend.
In court documents, prosecutor Mark Walter explained that an informant, an admitted cocaine user, said he bought cocaine from "Chris," a Lowell firefighter, who lived at 1890 Middlesex St. and drove a Mitsubishi sport utility vehicle.
After two weeks of surveillance by Lowell detectives and two controlled purchases of cocaine from Holmes using the informant, Holmes was arrested and charged with possession of cocaine with intent to distribute.
But defense attorney Debra Dewitt questions whether the informant's information was enough probable cause to allow a search warrant. A hearing was scheduled for Feb. 6.
Holmes joined the Lowell Fire Department in June 2001 and worked out of the Stevens Street station in the city's Highlands section. He was fired from his two-year post after a grand jury indicted him last July.
Dewitt said Holmes' family is standing behind him.
http://www.lowellsun.com/Stories/0,1413,105~4761~1841580,00.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The $24,000 question is, "Was that enough Probable Cause to get a search warrant"?
Sounds like standard procedure, IE: an informant does controlled buys (they are searched before to make sure they have no drugs/money etc, then do a "controlled buy" for the cops with them watching). I suspect surveillance may have reveiled a thing or two also.
Now, keep the charges that you read about out of your head. With what the Police observed could they reasonably suspect that drugs or drug activity was occuring in that home? Reasonable discussion welcomed/encouraged. Please leave emotion at the door
All the best
TBO
