The Herald, Sharon, Pa.

Local News

November 17, 2008

Defendant in drug case challenges legality of search

By Joe Pinchot

SHENANGO TOWNSHIP — A Detroit man arrested with an alleged large quantity of drugs is challenging the legality of the search in which police found the drugs and a post-arrest interview in which he said things prosecutors plan to use against him.

Ira R. Lee, 25, was arrested Oct. 18, 2007, on state Route 60, presumably in Shenango Township, on charges of possession of 20.25 ounces of cocaine, possession of marijuana, possession of drug paraphernalia, possession of cocaine and marijuana with intent to deliver, speeding and driving in the passing lane for too long.

Southwest Mercer County Regional police said they pulled Lee over for driving 80 in a 65 mph zone on Route 60 southbound and for driving in the left lane for five miles.

Police said they smelled marijuana when they approached Lee and discovered the red Buick he was driving had been rented by someone else. According to rental company Avis Budget Group, the only person who was supposed to be driving the car was Summer Garcia, who had rented it in Pittsburgh, police said.

Avis consented to a search of the car, police said.

Police said they found two bags of marijuana in the center console and five-egg shaped items in the trunk. The eggs contained uncut cocaine, which could have had a street value of tens of thousands of dollars, police said.

In a suppression motion, Lee’s attorney, Assistant Public Defender Charles Gilchrest, said the search was illegal because Lee’s car was stopped in Lawrence County, outside Southwest’s jurisdiction.

The Mercer County District Attorney’s office said in its bill of information that the crimes occurred in Shenango Township.

Gilchrest also said the stop was made without reasonable suspicion, probable cause, a warrant or proper consent.

Concerning Lee’s statements, Gilchrest said he invoked his Miranda rights — which include the right to remain silent — at 1:55 a.m. and had not waived them when police talked to him again at 11:30 a.m.

Police told Lee they were going to have a “casual conversation” with him at 11:30 a.m., did not properly advise him of his Miranda rights and used coercive tactics, Gilchrest said.

Common Pleas Judge Christopher J. St. John set a suppression hearing for 11 a.m. Dec. 3.

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