Millcreek Hotel Search Warrant Invalid: Court Tosses Evidence
Local police arrested seven men from Detroit at a local hotel after receiving a tip from housekeeping that room 324 contained three or four bags of marijuana. The men paid cash for rooms 324 and 419. The cleaning staff also observed a towel underneath the door of room 419 and the odor of marijuana coming from the room. In addition, a drug dog hit on room 419 of the hotel.
Erie criminal defense lawyer Tim George challenged the search on the basis that the search warrant lacked probable cause to search room 419 of the hotel. The trial court agreed and all evidence seized from room 419, including a large sum of cash, marijuana and drug paraphernalia was excluded from evidence and could not be used against the men at trial. Commonwealth v. O.B., Erie County, No. 1031-2002.
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