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US OH: Drug Suspect May Get New Trial Without Facing Key - Rave.ca
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News (Media Awareness Project) - US OH: Drug Suspect May Get New Trial Without Facing Key
Title:US OH: Drug Suspect May Get New Trial Without Facing Key
Published On:2000-11-27
Source:Akron Beacon-Journal (OH)
Fetched On:2008-09-03 01:12:40
DRUG SUSPECT MAY GET NEW TRIAL WITHOUT FACING KEY EVIDENCE

CLEVELAND (AP) -- An appeals court ruling against a police search could
give a drug suspect a chance to escape a life prison term.

Prosecutors on Monday awaited a decision on whether to appeal the ruling
that would allow Walter Lewis, 32, of Cleveland, to get a new trial without
facing as evidence the discovery of crack cocaine worth more than $100,000.

Lewis was arrested in 1996 and, as a three-time offender, got a mandatory
life sentence on a federal drug conviction after 1 pound of cocaine was
found in his bedroom.

But the 6th U.S. Circuit Court of Appeals in Cincinnati ruled 2-1 that the
house search that led to Lewis' arrest was improper and threw out his
conviction.

The U.S. solicitor general will decide whether to appeal the Nov. 3 ruling
to the full 6th Circuit court, Assistant U.S. Attorney William Edwards said
Monday.

Lewis' attorney, James Willis, called the case a victory against improper
police searches.

Assistant U.S. Attorney Christa Brunst said the search was legal. She said
officers knocked on the door, were allowed inside and saw Lewis run up the
stairs.

Fearing that Lewis was going to destroy evidence or grab a gun, they chased
him and found cocaine in open view, Brunst said.

Officers went to the house after arresting two men, including Lewis'
brother, on drug dealing charges down the street. Police were acting on a
confidential tip.

``The informant indicated that there would be a drug transaction outside
the house,'' Judge Boyce F. Martin said in the majority opinion. There was
no indication that someone would be inside the house to destroy evidence,
the ruling said.

In a dissenting opinion, Justice Eugene Siler said police do not need a
warrant to enter a home when they knock and are allowed entry. When the
detectives saw Lewis run up the steps, they had reason to justify the
search, Siler said.

Family members disputed the police contention that relatives had allowed
the officers to enter the home. They claimed officers threatened to tear up
the house and board it up if they weren't allowed to search.
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