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.
Comments
Moderators have removed this comment because it contained Personal attacks (including: name calling, presumption of guilt or guilt by association, insensitivity, or picking fights).
OH LET ME GUESS.. DOES HE USE THE DUMPSTER??? WELL LETS JUST SAY CHARGE ALL OF THEM THAT LIVE THERE WITH THE SAME CHARGE.. YOU WILL FIND OUT REALLY QUICK WHOS IT WAS.. WE NEED THE SYSTEM TO WORK FOR THIS COMMUNITY!!!!! THEY JUST GOT MORE DOGS AT THE SHERIFF OFFICE.. USE THEM ON EVER STOP IN WILLARD YOU WILL GET YOUR PEOPLE THAT PAY TAXES WILLING TO PAY FOR THE NEW CRUISER THE SHERIFF NEEDS!!!! GET SERIOUS AND LETS PUT HIM AWAY...
Davie Dalton has been selling drugs ever since he got out of prison the last time he got sent up for the same thing. Its a wonder this chucklehead still has his leg after continuing to shoot up in it after he got a bad infection. As far as the evidence that was found in the dumpster. Heck that could've been his next door neighbors to the right of him that that belonged too. He's one of the biggest pain pill dealers in this area. Davie, you thought you was bad back in the day but you ain't nothing now. Look at ya. Just a has been punk that has NEVER amounted to anything. Hope they throw the freaking book at you and lock you up and LOSE THE FREAKING KEY.
I just love the people that decide to comment online, for everyone to see, that have absolutely NO grasp of the English language!!
This guy got a good lawyer who is making the police answer for their actions. He may be a grug dealer, but the law needs to follow the law too. Police think they are above the law and consistently abuse peoples constitutinal rights. If they were good at their job, they would not have to resort to illegal measures to get the arrests.