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News (Media Awareness Project) - US OH: Wire: Appeals Court Rules Against Police
Title:US OH: Wire: Appeals Court Rules Against Police
Published On:2000-01-07
Source:Associated Press
Fetched On:2008-09-05 07:17:02
APPEALS COURT RULES AGAINST POLICE

CINCINNATI (AP) -- Federal prosecutors plan to review an appeals court
ruling that they said would wipe out their case against a southern
Ohio man charged with growing marijuana.

Police in Pike County did not wait long enough after knocking on the
door before forcing their way into the man's house, so prosecutors
cannot use evidence the officers gathered in the June 1994 drug raid,
the 6th U.S. Circuit Court of Appeals ruled Thursday.

The court's decision effectively wipes out the prosecution's evidence
against defendant Robert Dice unless another appeal is successful,
prosecutors have said in court.

Government prosecutors had not seen the appeals court's ruling
Thursday. Justice Department lawyers will review it and decide whether
to appeal further or to dismiss the drug indictment filed on the basis
of the raid, said Robyn Jones, an assistant U.S. attorney in Columbus.

Acting on an informant's tip, police had obtained a search warrant and
raided Dice's rural home. Officers said they announced themselves as
deputy sheriffs with a search warrant, knocked on the door and waited
a few seconds before hearing movement inside and crashing through the
door.

The officers said they found at least 1,900 marijuana plants inside
Dice's house, fertilizer, tools and heat lamps used to help grow the
plants. Dice was indicted on charges of intent to make and distribute
marijuana and maintaining a drug-manufacturing place.
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