Pottsville man's motion of illegal search is denied
A Pottsville man's attempt to have drug charges filed against him suppressed on grounds the police conducted an illegal search of his home, was unsuccessful as Judge John E. Domalakes, after a hearing in Schuylkill County court, found his claims "not to be credible."
Robert Haviland, 53, now faces trial on charges delivery of a controlled substance, possession with intent to deliver a controlled substance and possession of drug paraphernalia which was filed by Pottsville Cpl. Dennis Wiederhold.
At the court hearing Wiederhold testifed on Jan. 28, 2011, he assigned an confidential informant to make a drug buy from Haviland and armed him with a video camera to record the transaction. The informant went to Haviland's home at 222 N. Third St. and purchased morphine tablets for $100 and left the premises and met with police. After viewing the video three police officers immediately went to Haviland's home to make the arrest.
Officer Yourey was the lead officer and after knocking on the door which was opened by Haviland, displayed his badge. Haviland attempted to slam the door shut but was unsuccessful and fled into the apartment and was pursued and caught.
Haviland denied selling any drugs and suggested the police search his apartment in order to verify his denial. They did and found the marked $100 bill they gave the informant to make the purchase, morphine tablets, which is a Schedule II controlled substance, and three weapons, a machete, a stun gun and a handgun which discharged "pepper shot."
After the informant made his buy and met with police he informed Wiederhold that the defendant was angry at the officer for a previous arrest on a summary charge and intended to do to Wiederhold what had been done to United States Senator Gabrielle Giffords, of Arizona, who had been shot in Tuscson.
Domalakes ruled there was no need for police to obtain a search warrant as claimed by the defendant because the defendant invited them to search his premises.