The defense attorney of a Willard drug defendant is contending the validity of a detective's search warrant.
David A. Dalton, 43, of 313A Woodlawn Ave., faces one count each of possession of heroin and possession of criminal tools, both in connection with a July 23 incident. His trial is set for Dec. 18.
Defense attorney Reese Wineman filed a motion to suppress evidence in late September.
"A careful review of (Willard Police) Detective Jeremy Draper's affidavit clearly demonstrates that, other than a substantial amount of traffic going in and out of the defendant's apartment ... and a meeting between the defendant and Linda Gibson during prior month, as well as certain items found in a Dumpster, which serviced the entire apartment complex, clearly failed to establish there was probable cause that the defendant, on the date of the search, was engaged in criminal activity of any kind," Wineman wrote.
Draper used a warrant that was issued July 20 to seize items suspected of being drug-related from a Dumpster. The detective came to Huron County Common Pleas Court on Wednesday morning, but didn't take the witness stand since there was no evidence presented during the short hearing.
Wineman argued authorities didn't see "any evidence of drug activity ... taking place" in Dalton's apartment and the reported traffic going in and out of there "was not identified, in any way, as being related to drug activity."
The attorney also asserted that based on a "lack of timely evidence," there wasn't probable cause to seize the evidence, which violated Dalton's constitutional rights.
"(Draper) further relied upon the defendant's past criminal history, as well as evidence discovered in the search of a garbage bin, which was used for the apartment complex and not, specifically, garbage from the defendant's home," Wineman wrote in his motion.
Huron County Prosecutor Russell Leffler has 10 days to respond to Wineman's motion.
Dalton is out on bond. If convicted of both charges, he faces up to 2 1/2 years in prison.