Pot times July 17, 2005
Judge Reserves Decision On Drug Search
URL: http://www.mapinc.org/drugnews/v05/n1128/a11.htmlNewshawk: Larry Seguin http://www.reconsider.org/
Pubdate: Fri, 15 Jul 2005 JUDGE RESERVES DECISION ON DRUG SEARCH
Source: Ogdensburg Journal/Advance News (NY)
Copyright: 2005 Johnson Newspaper Corp.
Contact: http://www.ogd.com/letter.htm
Website: http://www.ogd.com/
Details: http://www.mapinc.org/media/689
Author: Paul Mitchell
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CANTON - Acting St. Lawrence County Court Judge Kathleen Rogers reserved
decision on whether to allow the seizure of cocaine and marijuana from a Dec.
1 search warrant to be used as evidence in an upcoming trial.
A suppression hearing was held Tuesday in county court in the matter against
Billie B. Merrick, 42, of 7242 state Route 11, Potsdam. Merrick was
charged with a host of drug counts following the Dec. 1 search of his
house. His trial is scheduled to begin next week.
Merrick was represented by attorney James Monroe at Tuesday's suppression
hearing.
He has pleaded not guilty to first-degree criminal possession of a controlled
substance, second-degree possession of marijuana and seven counts of
fourth-degree possession of a weapon.
He is represented on those charges by Conflict Public Defender William Galvin.
The weapon charges will not be tried in next week's scheduled trial.
The St. Lawrence County Drug Task Force executed a search warrant at
Merrick 's residence on Dec. 1 seizing nine ounces of cocaine and 10
pounds of high-grade marijuana along with 22 rifles. A previous conviction
makes it illegal for Merrick to possess weapons, police said.
The Drug Task Force said they had originally gone to Merrick's house to execute
an arrest warrant for third-degree criminal sale of a controlled substance.
The charges stem from a sealed indictment for two counts of selling cocaine that
Merrick allegedly took part in at his residence.
During the arrest warrant proceedings, police kicked down a locked door to a
room adjacent to the kitchen area; a room they believed Merrick was in.
Once they entered the room, police spotted the bag of marijuana and drug
paraphernalia sitting on a shelf.
The defense believes law enforcement personnel waited until Merrick left his
residence before executing the arrest warrant, therefor leading into the
execution of the search warrant.
Monroe told the court in his closing arguments that police officers waited at
the state Department of Transportation facility, just down the road from
Merrick's residence, until they received word from a patrol car parked at
Stan's, also just down the highway, that Merrick had left his house.
Whenever Billie left the house, they used this as an opportunity to get a search
warrant and search the residence," Monroe said. "Clearly when
Billie was out of sight they raided the house."
Monroe also questioned the use of 10 or more police officers to execute the
initial arrest warrant.
Is there any credibility in needing the entire northern New York SWAT team to
execute the warrant?" he asked.
Monroe also challenged the legality of the search warrant submitted to and
signed by Potsdam Town Court Justice George Hewlett around 9:30 p.m. on
Dec. 1.
Monroe argued the warrant contained information that a white substance found in
plain view during the execution of the arrest warrant was assumed to be cocaine.
However, Monroe pointed out it tested negative during a field testing.
The defense also argued that the room where the one gallon freezer bag of
marijuana and a variety of drug paraphernalia were found was not Merrick's room
but a room rented by Charles Spencer.
"They found a big bag of pot in plain sight in a room that clearly was not
shared Billie and Chuck," Monroe said.
Acting St. Lawrence County District Attorney Gary Miles said police had
every right to search the premises.
"There should be no attack on the validity of this search warrant.
They had a perfect right to search every room of this house and had a right to
be in that room," Miles said.
Miles down played the testimony of Gina Gale, Merrick's girlfriend who was at
the house at the time the arrest warrant was executed.
Gale and Samantha McGregar were placed in handcuffs while police searched for
Merrick, according to testimony. But Gale testified she heard police
searching through the dresser drawers of the adjacent room she also claims was
Spencer's and there was extensive vandalism to several vehicles on the property.
Spencer also testified, saying he was in the garage when handcuffed by sheriff's
deputies and bought into the house.
He told the court he remained in the handcuffs for 7 1/2 hours before he and
Gale was freed around midnight.
"I've heard a lot of evidence about horrendous police conduct yet no
complaints were filed with the sheriff's department," stated Miles.
