Pubdate: Sat, 31 Jan 2004
Source: Mobile Register (AL)
Copyright: 2004 Mobile Register.
Contact:  http://www.al.com/mobileregister/today/
Details: http://www.mapinc.org/media/269
Author: Brendan Kirby
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

COUPLE ASKS JUDGE TO TOSS OUT EVIDENCE

Drug Case Is First In County Since Supreme Court Established New Search Rule

BAY MINETTE -- A Spanish Fort couple on Friday asked a judge to toss
out evidence from a drug seizure at their apartment two years ago,
arguing that police broke through the door without giving adequate
notice.

Prosecutors said agents from the Baldwin County Drug Task Force acted
only after they saw the window blinds move -- an indication that
people inside were aware that police were at the door. Officers
testified in Baldwin County Circuit Court that they feared the
marijuana they were searching for could be ditched.

The case, which will determine whether prosecutors can pursue
marijuana trafficking charges against Jason Allen Garza, 28, and
Farrah Joan Garza, 26, offers the first Baldwin County test of a U.S.
Supreme Court decision issued last month.

The high court said police with a search warrant could move into a
residence within 15 or 20 seconds if they could reasonably suspect
that occupants might destroy drugs they were looking for.

Presiding Circuit Judge James Reid said he would allow defense
attorney Tom Haas to file written arguments and is sue a ruling next
week.

Baldwin County officers entered the Garzas' apartment on May 29, 2002,
and found 9.24 pounds of marijuana -- with a street value of about
$10,000, according to prosecutors.

Their marijuana trafficking trial, which could bring a prison sentence
of 10 years to life in prison upon conviction, is set to begin Feb.
9.

Haas said after Friday's hearing that the Supreme Court case should
play an important role in Reid's ruling.

"They're allowed to break and enter only if (the suspects) refuse
entry," he said. "They've obviously violated what the Supreme Court of
the United States said. They didn't wait at all."

Assistant District Attorney Matt Green said he is confident he will
prevail on both the facts and the law. He pointed to testimony from
officers that they knocked several times before using a battering ram
to break through the door. The officers estimated it was between 10
and 20 seconds.

Green sought to undermine Farrah Garza's credibility by playing a tape
of a conversation she had while in jail in which she told a friend
that the police came in two seconds after knocking.

Green said that contradicts her testimony on Jan. 20 that police did
not knock at all or announce their presence before entering the apartment.

At Friday's hearing, Farrah Garza's 5-year-old son from a previous
relationship testified that he did not hear any knocks or doorbell
rings before police came in. Jordan White testified that he was in the
living room and heard one command to open the door right before
officers came in.

The child's grandmother, Charlotte White, testified that she was
talking to Jordan on the telephone at the time.

"There was a big commotion. It sounded like a tree had fallen on the
apartment," she said.

Only afterward, she testified, did she hear a man's voice say, "We
have a warrant."

Haas suggested Friday that an appeal is likely if he
loses.

"I guarantee if I don't win here, I'll win someplace else," he said.
"These are the best facts I've ever seen in a no-knock search."

Green said officers acted reasonably, because they did not know how
much marijuana was in the apartment.
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