» Search Warrant


June 24th 2015
Failure to Register as a Sex Offender
Client made several mistakes nearly ten years prior. Those mistakes led him to be listed as a sex offender, with all the requirements of registration. He had several children and was a law abiding person working many hours to maintain stability for his family. According to police, he made mistakes on his registration and was charged with failure to register as a sex offender. The investigation into defendant was very sophisticated and intensive. The police tracked the defendant to locations outside of his hometown and took photographs. Police applied for an received a search warrant for a GPS tracking device for his motor vehicle. Police also installed a hidden motion detector on a telephone pole at a fixed location, among conducting other investigative techniques. They also secured an videotaped admission from the defendant. After an exhaustive review of the thousands of pieces of evidence, Attorney Barabino filed a motion to suppress, with a lengthy memorandum of law. On that day, prior to the hearing, the judge, who would also allow defendant to admit to the allegation, took an agreed tender that if defendant stays out of legal trouble for about a year and one half, the charge would be dismissed. This disposition is called a Continued Without a Finding or “CWOF”. The probation is administrative, so client does not have to appear at the probation department.
RESULT: Motion to Dismiss, FILED, PLEA Entered and if Abides by Probation Terms Case will be DISMISSED.


January 21st 2014
Possession of Class “A” Heroin
Client had been accused of dealing drugs from his motel room. According to police, they had credible information that client was dealing and proceeded to obtain a search warrant for evidence of drug dealing. The police were successful in obtaining the warrant and initiated a raid on what they thought was a drug compound. The result was that the young couple was caught in possession of drugs--not distributing them. They were arrested and Attorney Barabino reviewed the warrant in great detail and upon recognizing a defect, filed for a hearing to throw out the evidence. That hearing was granted, his motion allowed, and the drugs were not allowed to be used against the defendant. As a result, the case was dismissed.
RESULT: Motion to Suppress Search Warrant, ALLOWED, CASE DISMISSED.