Search warrant in Scoleri ruled invalid

Logan Dailey
Posted 11/11/20

Eighth Judicial District Judge Patrick Korell issued an order Thursday, Nov. 5, to suppress evidence

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Search warrant in Scoleri ruled invalid

Posted

GOSHEN COUNTY – Eighth Judicial District Judge Patrick Korell issued an order Thursday, Nov. 5, to suppress evidence obtained and derived from an invalid search warrant in an alleged incident involving former Torrington Police Officer Anthony Scoleri.

According to the order filed in Goshen County District Court, officers served a warrant that was “substantially deficient because it was overbroad and, by the face of the warrant, did not limit the search or seizure in any way.”

The fourth amendment to the United States Constitution states, “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Wyoming’s Constitution and Rules of Criminal Procedure mirror the ideas of the United States Constitution regarding what is required of a search warrant.

Previously, on Sept. 22, Scoleri, his attorney, Donna Domonkos and Prosecuting Attorney Jeremiah Sandburg appeared before Korell in the Eighth Judicial District Court for a suppression hearing. During the hearing, Domonkos argued the State had failed to provide a search warrant with a list of items to be searched and seized. 

Sandburg argued law enforcement acted in good faith when obtaining and executing the search warrant and asked the court to consider the Good Faith Exception to the Exclusionary Rule in this matter. Korell’s order ruled the Good Faith Exception did not apply in this case. 

The order issued by Korell states, “the good faith exception is not applicable because a law enforcement officer who has reasonable knowledge of what the law prohibits could not rely upon the warrant due to its obvious, facial invalidity. Finally, the State did not present sufficient evidence to establish the basis of consent in this matter which could serve as an exception to the warrant requirements of [the] state and federal constitution.”

In the conclusion statement of the order, Korell ordered “all evidence seized by law enforcement during in its execution of the warrant on defendant’s residence be, and is hereby, suppressed. This shall include derivative evidence, if any.”

The Telegram reached out to Scoleri’s attorney, Donna Domonkos, but she said she had no comment for the matter. As of press time, the Goshen County Attorney’s Office has not responded to any calls made by The Telegram.