JUDGE TOSSES $15,000 IN MARIJUANA FROM CASE

A Bucks County judge yesterday ruled that Bristol Borough police officers
who found a 41/2-pound cache of marijuana inside a car in August should
have waited for a search warrant before rifling through

A Bucks County judge yesterday ruled that Bristol Borough police officers
who found a 41/2-pound cache of marijuana inside a car in August should
have waited for a search warrant before rifling through the suspects'
belongings.

Because they did not get the warrant, Judge John Rufe ruled that the
marijuana - worth $15,000 on the street - could not be shown to a jury, and
most of the charges against the alleged drug dealers were dismissed.

The suspects - Daniel Phelps, 23, of Falls and Richard McCloskey, 23, of
Middletown - had been facing a mandatory minimum one to three years in jail
if convicted.

But with most of the evidence against them thrown out of court, they were
convicted yesterday on simple possession charges. Both were sentenced to
one-year probation under a program for first-time offenders.

Phelps' attorney, William J. Brennan, said he felt the judge made the
legally correct decision.

"We're pleased that the judge held such high judicial standards and applied
those standards to decide what was a very difficult case in a very
difficult area of the law," Brennan said.

Attorney Ray McHugh defended McCloskey.

Phelps and McCloskey were arrested in August after their car was pulled
over at the corner of Route 13 and Fourth Avenue. Bristol Borough Police
Officer Joseph Moors looked into the car and saw drug paraphernalia on the
seats.

The suspects were ordered out of the vehicle. Police said McCloskey at
first tried to run away, and Phelps reached for a gun inside his jacket.
But both men were arrested without further struggle.

A small amount of marijuana and some drug paraphernalia were visible in the
car. The suspects were handcuffed, then Moors used a flashlight to do a
more thorough search of the car. That's when he found the drugs.

Phelps and McCloskey were charged with possession of a controlled
substance, possession with intent to deliver and criminal conspiracy.

Phelps was also charged with weapons offenses. Those charges were dismissed
at a preliminary hearing because Phelps had a valid permit to carry the
weapon, Brennan said.

In court yesterday, Brennan and McHugh pointed to case law that said a
police officer may not look inside a suspect's personal belongings without
a warrant.

The only exceptions to this rule are if the officer fears for his safety or
if the evidence would be destroyed if the officer does not collect it
immediately.

Since the suspects were already cuffed and under control, there was no
reason for the police not to take the time to get a search warrant, Brennan
said.

"The officer simple overstepped his bounds," he said.

Robert Mancini, the assistant district attorney who prosecuted the case,
was not available for comment last night.