Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, September 20, 1995 TAG: 9509200031
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: DIANE STRUZZI STAFF WRITER
DATELINE: LENGTH: Medium
Tuesday, a Roanoke General District judge dismissed drug-selling charges against Eric Q. McCoy, 20, and Travis Entsminger, 19.
In doing so, Judge Julian H. Raney Jr. said police had reason to suspect the two men, but gave an inaccurate statement to the magistrate who granted the search of the pair's hotel room.
The six-page search warrant affidavit describes McCoy and Entsminger as dealers of Ecstasy and LSD at all-night dance parties called raves. On July 15, the night the search was conducted, McCoy had reserved a room at the Patrick Henry under an assumed name. On the same night, a rave was taking place at the Iroquois Club on Salem Avenue Southwest, according to the affidavit.
Raney's dismissal focused on one statement in the affidavit, which attributed informants as saying that ``McCoy was dealing narcotics from his room and a `rave' party that was in the Roanoke Valley.''
Under cross-examination by McCoy's attorney, Vice Detective Thomas Asbury said that he paraphrased that statement from two anonymous informants and did not have direct knowledge that either McCoy or Entsminger had sold narcotics that night.
Asbury testified that the informants told him that there was a lot of traffic in and out of the hotel room and that he believed they meant drug trafficking.
Police found 2 pounds of marijuana in the hotel room. On Entsminger they found 3 grams of cocaine, while McCoy claimed ownership of 26 pills of the tranquilizer Diazepam. Each was charged with possession of marijuana with intent to distribute.
Investigators usually secure a search warrant on the actions of a confidential informant. Under police surveillance, the informant will make a drug buy at the location to be searched, giving probable cause for a magistrate to grant a search warrant.
In this case, officers combined information from four informants detailing drug activities of which McCoy and Entsminger were accused. None of the informants, however, had bought drugs from either man.
The strategy, which encompasses various events and circumstances rather than just one drug buy, is utilized to get at dealers who distance themselves from the actual drug transaction, said Regional Drug Prosecutor Dennis Nagel.
In 12 months, vice detectives have secured several search warrants using similar information, according to Vice Lt. Ron Carlisle.
``We don't always need a hand-to-hand buy to get a search warrant if the facts and circumstances lead us to believe they are dealing drugs,'' Carlisle said.
McCoy and Entsminger may face indictment during the next grand jury in October. Nagel said that decision will be made within the next two weeks.
by CNB