BREAKING: Geauga County Common Pleas Court Judge David Fuhry has DENIED a defense motion to throw out evidence seized in the June 2014 raid of a Newbury Township home. In a 22-page opinion, issued at 1:51 p.m., Fuhry said there was no evidence Chardon Municipal Court Judge Terri Stupica abandoned her neutrality and detachment in issuing the search warrant. The judge also said the detectives misstatement of a prior conviction of one of the defendants in his affidavit in support of the warrant was negligent, but not reckless with the intention of misleading Stupica. Fuhry found the detectives affidavit sufficiently named and described the items to be seized in the Parkview Drive home, serving the goal of the Fourth Amendment of prohibiting wide ranging, exploratory searches. Finally, Fuhry found Stupica had a substantial basis for concluding that probable cause existed to search the home based on all the circumstances contained in the detectives affidavit. Check geaugamapleleaf for updates.
Posted on: Thu, 22 Jan 2015 20:26:42 +0000
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