No Legal Grounds by James Scott Bell

Author:James Scott Bell [Bell, James Scott]
Language: eng
Format: epub
Tags: Christian Books & Bibles, Literature & Fiction, Mystery & Suspense, United States, Mystery; Thriller & Suspense, Thrillers, Legal, Suspense, Religion & Spirituality, Fiction, Mystery, Religious & Inspirational Fiction, Contemporary, Christianity, Christian Fiction
Amazon: B000SEIA28
Publisher: Zondervan
Published: 2009-05-26T05:00:00+00:00

4.

Cam took his place at the podium.

“Officer Helmuth, the warrant describes cans, canisters, boxes,

bags, and other similar receptacles, is that correct?”

“Yes.”

“Did you think some of these items might be kept in a

drawer?”

“Yes, I did. That’s why I looked there.”

“Why did you choose a dresser drawer?”

“Because if someone is trying to hide incriminating material,

they wouldn’t necessarily put it where you would expect to find

it.”

Cam nodded. He wasn’t using notes. “Why did you seize the

gun?”

“Because it looked like it was connected to the pictures. When I

put it all together, I thought the defendant might be targeting those

people.”

“Why did you think that?”

“I asked the defendant who those people were. He said, ‘None of

your business.’ I thought there was a risk, so I arrested him.” This was sounding thin. Sam could fill in all the blanks himself,

but what would the judge think if this was the only testimony? Cam said he had no more questions. Neither did Jastrow.

Andrews asked Jastrow to make his argument on the first part of

the motion.

“Your Honor,” the defense lawyer said, “I think it’s pretty clear

what happened here. The officers did not find what they were looking for and decided they didn’t like the cut of my client’s jib, and

went on a little fishing expedition. When they invaded his dresser

drawer, a very intimate location to say the least, they found some

photographs and a gun. The gun was registered. Perfectly legal.

But they decided, through a wild jump of the imagination, that a

potential crime might be in process. Last time I looked we didn’t

arrest people for crimes that haven’t been committed. The arrest

was clearly illegal; the seizure of this evidence was illegal. I frankly

don’t know what we’re doing here.”

Judge Andrews said, “Well, I’m glad you’re unclear about what

we’re doing here, Mr. Jastrow, because that justifies my existence.” The comment drew laughter from the courtroom audience.

The judge then invited Cam to make his argument. Sam thought

Cam was starting to look a little apprehensive. Or maybe it was just

Sam’s anxiety coming out of his pores.

“The real issue here, Your Honor,” Cam said, “is not the legality

of the arrest. No evidence was seized as a result of the arrest. The

evidence was seized pursuant to the warrant, and the warrant specifically described the items to be searched for. It is clear that cans

or canisters are small enough to fit in a drawer. That makes this a

very simple, clear-cut matter. In serving the warrant, the officers

were entitled to look in drawers, cupboards, closets, and anywhere

else where one of these items might be. Opening the dresser drawer

was therefore legal, and the evidence seized in plain view. Whether

that evidence is indicative of a crime will be up to Your Honor at

the preliminary hearing. But the evidence is clearly admissible.” Sam sure hoped so.

Judge Andrews only contemplated his decision for a moment.

“On this part of the motion I agree with the People. The officers complied with knock notice, and clearly the dresser drawer was a place they could reasonably think might hold the items they were

looking for. The photographs and firearm were properly seized.

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