COPS' LIGHT KNOCK ON HIS DOOR MAY HELP HIM BEAT A DRUG RAP

The Lawyer Put A Knock On The Drug Cops.

Attorney Guy R. Sciolla said they violated the "knock and announce"
rule before barging into Franklin Romero's home on A Street near
Ontario and seizing cocaine and heroin at 9:10 p.m. one night in
February 1998.

Common Pleas Judge Sheldon C. Jelin agreed and suppressed the
evidence, leaving the prosecution with nothing with which to try Romero, 30.

Unless an appeal is taken in 30 days, charges will be
dismissed.

Sciolla, who specializes in drug cases, argued that cops knocked too
lightly on Romero's front door, and failed to wait a reasonable time
before battering it down.

Police seized $3,565 worth of drugs and arrested Romero.

"You are witnessing a collision where privacy rights come in contact
with governmental power," argued Sciolla last week. "Our laws were
designed to protect against unfettered governmental power."

The attorney said that under the rule, cops must loudly announce their
presence, and unless they hear scampering inside, indicating that
evidence is being destroyed or an effort is being made to escape, a
homeowner must be given time to answer the door before it's broken
in.

"The police did not testify how loudly they announced their purpose,"
said Jelin. He noted that their notification was only made once
outside the home.

"How do I know how loud they knocked?" asked Jelin.

Cops said when they arrived, an officer announced, "Police! Search
warrant!" and waited about 30 to 40 seconds before using a battering
ram to break the door.

Cops said an informant had been inside the house earlier and had seen
packaged drugs.

Romero, who didn't explain why the drugs were in the house, testified
that he was watching TV in a bedroom when cops suddenly showed up to
make the search.

He said he didn't hear them arrive.

"I heard, 'Boom, boom,' and scrambling," said Romero.

"My guy says there were no knocks, no announcements," said
Sciolla.

The prosecution supported the police and contended that 30 seconds or
more is long enough for the cops to wait for someone to answer the
door.