MOUNT VERNON — Judge Otho Eyster will rule within 10 days whether to suppress evidence obtained in the case against Richard L. Posey Jr.
Posey, 28, was arrested Sept. 11, 2012, and charged with multiple counts of drug trafficking and drug possession. The arrest came following an investigation by Mount Vernon Police of reports that Posey was selling heroin. The investigation included a controlled buy of drugs by a confidential informant wearing a microphone on Sept. 10.
On Sept. 11, officers were preparing to execute a search warrant at the apartment located at the intersection of Coshocton Avenue and Division Street, when Posey left the apartment. A city police officer stopped and arrested him and the search was subsequently conducted.
Defense attorneys for Posey, James and Morgan Giles, last month filed a motion to suppress evidence resulting from the arrest and search. In his concluding statement Friday, Morgan Giles cited two Ohio Supreme Court cases in which the court ruled that evidence obtained from an incorrect search warrant should be suppressed. He also claimed evidence obtained in the search of Posey when he was arrested should be suppressed because the police did not have a warrant to arrest him on the drug charges.
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