DELAWARE - Justices overturn drug conviction, sentence

OFF THE WIRE
WILMINGTON -- The Delaware Supreme Court has reversed the drug-trafficking conviction and 15-year-prison prison sentence of a Thunderguards Motorcycle Club member because the police had no probable cause to detain him.

Chief Justice Myron Steele wrote that because police discovered illegal drugs in the possession of 34-year-old Marcellous Jones during an unconstitutional detention, that evidence -- along with guns and drugs that were later found in a follow-up search at Jones' home -- were "fruit of the poisonous tree" and therefore inadmissible. "We hold that the search violated Jones' constitutional rights," Steele concluded.

The ruling appears to gut the state's case against Jones, meaning he will likely be released from prison as a free man within a few weeks.

"I'm obviously pleased for my client," said defense attorney Thomas A. Foley, adding it is important for courts to protect the rights of all people, including those accused of serious crimes.

Deputy Attorney General Paul Wallace said prosecutors are reviewing the decision and are considering their options going forward.

According to court papers, Jones was one of 12 to 15 members of the Thunderguards who were providing security at a March 13, 2009, party celebrating the release of a rap DVD at the Plumber and Pipefitter's Banquet Facility in Newark.

At some point, the Delaware State Police showed up responding to the report of individuals providing security who did not have a license to do so. Foley alleges the state police were actually there to obtain information on the Thunderguards.

At the hall, police asked the Thunderguards members to step outside where about 10 police officers formed a semicircle around them -- with their backs to the building. The justices ruled, and prosecutors conceded, this action amounted to a "seizure" under the law.

During questioning, Jones walked away from one trooper who asked for identification. Jones allegedly dropped a package that contained 24 grams of cocaine in 22 separate baggies, according to the ruling. A probation officer then asked aloud, "Does anybody want this cocaine that Mr. Jones dropped?"

A pat-down search of Jones also turned up 40 oxycodone pills and $3,000 in cash. A subsequent search of Jones' Wilmington residence days later turned up two firearms and additional cocaine.

In their ruling, the justices found that no one had complained to police about disturbances or criminal drug activity, so there was no probable cause for a detention. The justices also ruled that "unauthorized delivery of private security services" does not carry any criminal sanction under state law.

Before trial, Foley attempted to get the evidence against Jones suppressed, but a Superior Court judge denied his motion. The Delaware Supreme Court ruled that was an error and the evidence should have been suppressed before trial.

http://www.delawareonline.com/article/20110908/NEWS01/109080340/Justices-overturn-drug-conviction-sentence