Tamaqua couple seeking the return of property seized in police search
The district attorney's office of Schuylkill County has filed an objection in the county court to the petition filed by a Tamaqua couple seeking return of property seized by police under a search warrant.
Frederick A. and Annette B. Postie have asked the court to return the property seized at their residence at 626 Fairview Street, claiming their rights protected under the Fourth and Fourteenth Amendment of the U. S. Constitution were violated.
Assistant District Attorney Jennifer N. Lehman filed the objections, contending a valid search warrant was executed on the defendant's residence. She claims at the time of the search various items were recovered in bins within the house and there is an ongoing investigation into numerous retail thefts at various Wal-mart locations in the surrounding counties and the items recovered with the search warrant are believed to be related.
Lehman also states in her objections it is believed that the defendant is involved in some or all of the retail thefts currently being investigated. The district attorney's office objects to return of property until the investigating officers have had an opportunity to complete their investigations and determined whether the items recovered in the defendant's home are contraband.
The Posties, in their quest to recover the properties removed in their petition, claimed the items seized would not be considered contraband and they also claim the search warrant was based on lack of requisite information for a finding of probable cause.