A Torrington man, who led Torrington Police on a high-speed pursuit in January, will go free after Eighth Judicial District Court Judge Patrick Korell ruled that pieces of key evidence in the case were inadmissible.
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TORRINGTON – A Torrington man, who led Torrington Police on a high-speed pursuit in January, will go free after Eighth Judicial District Court Judge Patrick Korell ruled that pieces of key evidence in the case were inadmissible.
Justin Wayne Brown was accused of domestic battery after an incident earlier this year, and ran from the police when they attempted to make contact. According to court documents, Brown threw a small, black safe out of the car during the chase. Police found the box, which contained an envelope of cash and a large amount of methamphetamine, as well as, a dental insurance card with Brown’s name.
Because of the items in the box, Brown was charged with two felony drug charges. His defense attorney, David MacDonald, filed a motion to suppress the evidence because TPD officers did not have a search warrant when they opened the box.
“No application for a search warrant was ever made,” MacDonald wrote. “Current case law mandates that a closed, locked container discovered in vehicle searches or collateral to a vehicle search denotes a higher expectation of privacy and requires a search warrant.”
According to the Affidavit of Probable Cause filed in the case, the TPD investigators believed the evidence would be admissible because it was discarded property.
“Due to the statements by the victim, the fact that the safe was discarded property, and the fact that a health concern exists when powerful narcotics are not handled or packaged properly, the safe was opened,” the affidavit said.
Furthermore, prosecutor Ryan Wright argued that the safe was broken when it was tossed form the car and partially opened, which made the contents of the box in plain view.
After a hearing, the motion to suppress the evidence was held on June 9, and Korell ruled in favor of the defendant.
Prosecutor Jeremiah Sandburg, who recently replaced Wright in the Goshen County Attorney’s Office, recommended that “dismissal without prejudice is in the best interest of justice.”
Brown was also charged with misdemeanors for reckless driving, fleeing and eluding police and interference with a police officer. In the case file, it was unclear if those charges would be dropped or tried in a lower court.
