Drug charges dismissed—local police violate Body-Cam Policy. On 16th day of October, 2018 the Butler County Prosecuting Attorney's Office dismissed charges against the defendant, M.S. after the Presiding Judge Pritchett sustained Steve Walsh's Motion to Suppress. The suppression hearing was conducted on September 18, 2018 and Walsh attacked the officer's basis for a search. At the hearing it was revealed that the local officers only activated their body-cam after they gained entrance to the defendant's apartment. The body-cam policy of the PBPD clearly states they must activate their body-cam as soon as they come into contact with a citizen and keep it on throughout the encounter. The failure to activate results in an independent report by the officer stating why all of the search was not captured on body-cam video. There was no report generated. Defendant had been charged with Possession of a Controlled Substance. The defense contended this was not a consensual search and that the officers just bullied their way past defendant and his girlfriend at the apartment door. The Prosecutor failed to meet his burden of proof so the evidence was suppressed and charges dismissed.
Past results do not guarantee or predict a similar outcome in any future case. Each case is different and must be judged on its own facts.
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