MOUNT VERNON — Knox County Common Pleas Judge Otho Eyster has ruled the arrest of Richard L. Posey Jr. and the search of the apartment where he was living were legal and the evidence obtained admissible in court.
In the ruling released Tuesday, Eyster specifically ruled that Posey’s arrest on Sept. 11, 2012, was “based on probable cause and made in a public location; given the totality of the circumstances Defendant’s warrantless arrest was justified.”
Defense attorney Morgan Giles argued at the suppression hearing March 22 that the search warrant had an incorrect address and the results of the search should not be admissible. He argued the police knew the address was incorrect and should have obtained a corrected warrant.
For the rest of the story
The rest of this article is available to Mount Vernon News subscribers. To continue reading, please log in or purchase a subscription. Click here for the April 3, 2013 e-edition. The article will only be available for thirty (30) days.
Contact Chuck MartinEmail
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.