Charges Against Costa Mesa Man Dropped After Police Submitted Search Warrant
A recent item from the Daily Pilot interested us greatly as Orange drug possession criminal defense attorneys, because it showed how police misconduct can shatter a case. According to the March 3 article, a Superior Court judge dismissed all charges this week against Brian David Heslington, 37, because the police had misrepresented the documents that supported a search warrant against him. As a result of that warrant, police found a controlled substance and a firearm at Heslington's home, leading to possession charges for both. The judge said the police officer responsible for the mistake had submitted "false or restless testimony" in support of the search warrant.
Heslington originally came to law enforcement's attention because of his involvement in a bar fight in Newport Beach, in which he and other Hell's Angels fought with another biker gang. More than a week later, on Aug. 6, 2008, the Newport Beach police searched Heslington's home. It wasn't clear what controlled substance was found or why the firearm was not legal. However, the charges were thrown out because of mistakes by Newport Beach officer Christine O'Donnell. She reportedly submitted uncertified documents when certified ones were called for, and submitted a photocopied court seal instead of an authentic one. Perhaps more importantly to the judge, she failed to clarify this in two separate court hearings. The judge's opinion said this made it possible that the search warrant was granted based on false statements.
This doesn't happen in every case our Fontana drug possession defense lawyers handle -- but when it does, it can weaken the case so badly that it must be thrown out. Search warrants must be based on court orders because they are an exception to our Fourth Amendment right to be free of unreasonable searches. Those court orders require judges to weigh the evidence carefully -- which they cannot do if they are given false or misleading statements. That is, lies and sloppy work from police undermine the protections in our justice system against police overreaching. And, as in this case, that means that the evidence from the search may be hopelessly tainted and must be thrown out. Without evidence, prosecutors generally don't have a case and must drop the charges entirely.
Howard Law, P.C. represents clients who are facing all types of drug charges, from simple possession to sales and trafficking. As with this case, many drug cases are built around a search, sometimes multiple searches or surveillance. And as with this case, those searches must be legal in order to hold up in court. Searches may be irrevocably tainted by tainted warrants; a lack of any warrant; traffic stops without reasonable probable cause or other violations. Our Buena Park drug possession criminal defense lawyers look carefully through each new drug case we take to find these and other violations of our clients' legal rights. These can form the basis of a strong defense, or sometimes allow us to negotiate for reduced charges with lighter, more reasonable penalties.
If you're charged with any kind of drug crime in California, don't assume you're guilty just because the police said you were. To discuss your options at a free, confidential consultation, please call Howard Law, P.C. at 1-800-872-5925 or contact us through the Internet today.
