Felony Drug Case Dismissed after Search Ruled Illegal
By Brian Cole
Published on March 16, 2007
Benford’s attorney, James Dickson Crock, said the case represented a big legal issue, stating that the ruling in the case sent a message to the police that a man’s house is his castle. Crock said the Daytona Beach Police Department illegally entered Benford’s residence, and the judge agreed. The police did not have a warrant, and Benford told them they were not welcome on the property.
Individuals are protected from warrantless raids on their homes by the Fourth Amendment of the U.S. Constitution. State Attorney John Tanner said the case is an example of the need for police officers and even prosecutors to be continually trained on the law, adding that part of his job is to ensure police have the knowledge they need to conduct raids in accordance with the law.
Tanner acknowledged that those with convictions or other run-ins with the law are protected by the same rights as everyone else.
State correction records show that the Benford has been convicted of two prior drug charges.
On April 3, 2006, up to six Daytona Beach police officers arrived at the house where Benford was staying. The officers searched Benford, who was out front, and found a small amount of marijuana and a digital scale.
Police say they were simply responding to a complaint of narcotics activity when they showed up at the house. Benford’s lawyer likened the actions of the officers – who were wearing tactical clothing and bullet-proof vests - to a raid in Iraq.
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