FARRELL — A federal judge will determine whether Southwest Mercer County Regional police engaged in “irrational behavior” that led to an illegal prosecution of Raymond A. Napolitan, or “good, solid police work,” as prosecutors contend.

Napolitan was indicted June 28, 2011, by a federal grand jury with possession of nearly 2 pounds of cocaine with intent to deliver and possession of 21 guns in furtherance of a drug trafficking crime stemming from a June 29, 2007, search of his former home in the 200 block of Hamilton Avenue, Farrell.

Napolitan, 49, is sitting in a state prison serving 51/2 to 11 years for sexually assaulting a woman June 24, 2007, and chasing her Sept. 22, 2007, through the streets of Sharon.

The victim in those cases also is central to the drug charges.

Federal prosecutors said police were called after a friend of the victim’s reported to 911 that she had received text messages from the victim saying Napolitan had not let the woman leave home for four days.

Three policemen responded to Napolitan’s home and found his white pickup sitting in front of it, but got no answer to their knocks on the door, prosecutors said.

Police called the friend and got contact information for the victim, then contacted her. She old police she was alone and OK. Police asked her to return home, and she complied, prosecutors said.

The victim sounded “nervous and upset” on the phone, and started to cry when she talked to police face to face, prosecutors said. She told police Napolitan was not there, but said he had not let her leave for the past four days and had threatened her with a gun.

The victim “told the officers that they could look inside if they wanted to see if Napolitan was in the house,” said Assistant U.S. Attorney Eric S. Rosen.

Police entered the home and did not find Napolitan, but found the gun, sandwich bags, some with white powder residue in them, and a digital scale with white residue on it, prosecutors said.

Police obtained a search warrant and ultimately seized nearly two pounds of cocaine; about 6è ounces of benzocaine, an anesthetic that sometimes is added to cocaine or can be abused in its own right; $9,325; three digital scales; and 21 guns.

Napolitan’s attorney, Marc D. Daffner, Pittsburgh, said police should have left the scene when the victim told them Napolitan was not home.

“At no time was any crime observed to have been taking place, nor did (the victim) appear to be in any danger,” Daffner said.

Rosen countered that the victim was upset, Napolitan had threatened to kill her, and his truck was in front of the house. Even though no one answered a knock on the door, someone still could have been inside, Rosen said.

“(T)he officers were well-justified in continuing their investigation, rather that simply packing up and going home,” he said.

Daffner attacked the alleged consent by the victim to the search. In an affidavit to obtain a search warrant, police said the victim requested that police search the house. However, in testimony in Mercer County Common Pleas Court - the case initially was filed there before being transferred to federal court - police said the victim did not request the search, Daffner said.

Rosen did not address the court testimony, maintaining that the victim invited police into the home to look for Napolitan, and that her consent was “entirely voluntary.”

Daffner argued police violated Napolitan’s Fourth Amendment right against unreasonable searches and seizures, making the drugs, guns and paraphernalia illegally obtained.

Police acted on a “false report that a crime was taking place” and launched a “bizarre investigative procedure” that eventually led to the discovery of the contraband, Daffner said.

“Quite simply, the officers had made the decision to enter that home by any possible means and conduct a detailed search regardless of whether any legitimate reason existed to do so,” Daffner said.

Rosen responded that Daffner’s arguments can be “swiftly dismissed.”

U.S. District Court Judge Arthur J. Schwab, Pittsburgh, will hold a hearing Aug. 1 to take testimony, and issue a ruling later.