Freddie Gray officers suing prosecutor Marilyn Mosby

[Uponthegears]

107. I respect your opinion

Because you post with respect for others. That is a rare thing.

I tend to shy away from war stories, unless I can't think of any way to make a particular point, but let me just provide a generic question which you, as a former law enforcement officer, might appreciate.

How many times has a judge in a criminal case been faced with the following scenario.

The defendant, who is pretty widely known in the community and to law enforcement as a drug dealer, has been charged with possession with intent to distribute more than 5 grams of crack cocaine and weapon. Because he has already been convicted of a prior distribution charge, he is looking a 15 years minimum mandatory (5 -- for more than 5 grams -- +5 -- second offense -- +5 -- the gun). The drugs and the weapon are found during a warrantless search of his home. He files a motion to suppress, claiming that the search was illegal. The Government opposes, claiming that the defendant gave him permission to search his house. Three witnesses testify, the defendant, his girlfriend, and the officer to whom the Government permission to search was given. The defendant and his girlfriend say they refused to give permission to search. The officer says they did.

In that scenario, crack dealer's word against officer's word, where no one in their right mind would giver permission to search, how often is the evidence suppressed?

Again, I want to repeat this because at least with me you have been totally respectful, I respect whatever opinion you offer.