Lawyer asks federal judge to dismiss gun charge
YOUNGSTOWN, Ohio (WKBN) – Lawyers for a man facing a federal firearms charge are asking a judge to throw out evidence because they claim police unlawfully extended a traffic stop where a weapon was found.
Plaza View Court attorney for Willie Daniel Jr., 25, said in a motion to suppress filed last week in the United States, in the Northern District Court of Ohio before Judge Benita Y. Pearson, that Youngstown police also said during the stop that they never detected the smell of drugs in the car in which Daniel was a passenger before they called a police dog to come and see him. stop to help them search the car.
Daniel was charged on October 17 in the United States Northern District Court of Ohio with possession with intent to distribute fentanyl, being a felon in possession of a firearm and possession of a firearm in as part of a drug-related crime.
Daniel was a passenger in a car stopped June 16 on North Garland and Grandview avenues on the east side for excessive window tint. The driver of the car had a valid concealed carry permit and gave police two handguns, one of which had a drum magazine, according to reports.
When Daniel was asked to get out of the car because a police dog was on the way, reports said there was a .380 caliber semi-automatic handgun next to him and a sidearm. 9mm handgun with a magazine extended under it.
In their motion to suppress, defense attorneys wrote that it took at least 11 minutes before police called a dog to stop and during that time they never measured the tint of the window. to see if it was legal.
One of the officers also told the officer who brought the dog to the stop that he did not detect the smell of marijuana in the car, according to reports.
By extending the traffic stop to wait for the dog, Daniel’s Fourth Amendment rights against unlawful search and seizure were violated, according to the motion.
Prosecutors have yet to respond.
In 2015, Daniel was sentenced to eight years in prison after pleading guilty to charges of attempted murder and aggravated robbery for an incident that occurred in 2012. This sentence prohibits him from having a firearm.