Pubdate: Mon, 27 Nov 2000
Source: Akron Beacon-Journal (OH)
Copyright: 2000 by the Beacon Journal Publishing Co.
Contact:  http://www.ohio.com/bj/
Forum: http://krwebx.infi.net/webxmulti/cgi-bin/WebX?abeacon

DRUG SUSPECT MAY GET NEW TRIAL WITHOUT FACING KEY EVIDENCE

CLEVELAND (AP) -- An appeals court ruling against a police search could 
give a drug suspect a chance to escape a life prison term.

Prosecutors on Monday awaited a decision on whether to appeal the ruling 
that would allow Walter Lewis, 32, of Cleveland, to get a new trial without 
facing as evidence the discovery of crack cocaine worth more than $100,000.

Lewis was arrested in 1996 and, as a three-time offender, got a mandatory 
life sentence on a federal drug conviction after 1 pound of cocaine was 
found in his bedroom.

But the 6th U.S. Circuit Court of Appeals in Cincinnati ruled 2-1 that the 
house search that led to Lewis' arrest was improper and threw out his 
conviction.

The U.S. solicitor general will decide whether to appeal the Nov. 3 ruling 
to the full 6th Circuit court, Assistant U.S. Attorney William Edwards said 
Monday.

Lewis' attorney, James Willis, called the case a victory against improper 
police searches.

Assistant U.S. Attorney Christa Brunst said the search was legal. She said 
officers knocked on the door, were allowed inside and saw Lewis run up the 
stairs.

Fearing that Lewis was going to destroy evidence or grab a gun, they chased 
him and found cocaine in open view, Brunst said.

Officers went to the house after arresting two men, including Lewis' 
brother, on drug dealing charges down the street. Police were acting on a 
confidential tip.

``The informant indicated that there would be a drug transaction outside 
the house,'' Judge Boyce F. Martin said in the majority opinion. There was 
no indication that someone would be inside the house to destroy evidence, 
the ruling said.

In a dissenting opinion, Justice Eugene Siler said police do not need a 
warrant to enter a home when they knock and are allowed entry. When the 
detectives saw Lewis run up the steps, they had reason to justify the 
search, Siler said.

Family members disputed the police contention that relatives had allowed 
the officers to enter the home. They claimed officers threatened to tear up 
the house and board it up if they weren't allowed to search. 
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