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Defense attorney argues evidence gotten illegally

The defense attorney for a man being held in jail on drug charges questioned why authorities decided to arrest his client if he didn't have any drugs or paraphernalia on him when he was detained by police.

Joel Lansing Hills, a Butler-based attorney, cross- examined several state police officers and a probation officer Wednesday in county court on their investigation methods that led to the Jan. 31 arrest of Andre C. Barrow, 25, of McKees Rocks.

Hills is asking Judge Timothy McCune to suppress the evidence in the case against Barrow, saying it was illegally obtained. He also asked that several of the drug charges Barrow faces be dropped because prosecutors failed to provide any evidence that Barrow was dealing drugs.

State police arrested Barrow and two other people after serving a search warrant at a house on Lyn Dale Drive.

Barrow is in Butler County Prison on a reduced bond of $25,000, down from $100,000. Barrow's co-defendants, Alexys M. Harris, 24, of Summit Township, and Charles J. Perkins, 24, of Butler, also are being held in jail on bonds.

All three face felony charges of possession with intent to deliver a controlled substance and misdemeanor charges of possession of a controlled substance and drug paraphernalia.

Police said troopers and a county probation officer went to the home around 2:45 p.m. Jan. 31 after they got a tip that “wanted individuals” were there. On Wednesday, Barrow's attorney asked who was the source of the tip. Authorities maintained it was an anonymous tip from someone who had knowledge that the three were wanted on arrest warrants.

Barrow was not one of the people who had an arrest warrant out for him.

“To infer that he was involved in a criminal enterprise that may or may not have been going on in this house is a bit too much of a leap for me,” Hills said after the hearing. “Just because you're in a house that has drugs in the home doesn't mean you're involved in it.”

Corporal Michael Lewis testified that the state police's vice unit had received the tip. The unit asked Lewis to go out to the home for a “knock and talk.”

Harris answered the door and allowed police to enter. The officers knew that Penn Township police had an arrest warrant for her in connection with a false identification case in September 2018.

Once inside, Lewis announced himself to anyone else who might be home.

“I could hear people downstairs in the basement running around, knocking things over,” Lewis said. “So then I yelled as loud as I can that I was with state police and for anyone in the home to show themselves.”

Eventually, Lewis said, Barrow and a juvenile come up the stairs. Perkins wasn't at the home.

The trooper said he noticed at the bottom of the stairs what looked like a bundle of heroin in bags.

Lewis searched Barrow but found nothing illegal on him.

“Mr. Barrow was truthful with me right off the bat,” Lewis said. Hills asked why Barrow was arrested at that point.

“He was in a house full of wanted people,” Lewis said. “I detained him because he took a long time to come up the stairs.”

Police then transferred him to the Butler state police barracks.

Hills again questioned the police action, especially since Barrow wasn't a resident of the home.

“There was probable cause of felony,” Lewis said.

“To be fair though, (the drugs) could have belonged to either parties who came up the stairs, right?” Hills asked.

“Sure,” Lewis said.

Trooper Matt Bartoe, also with the vice unit, testified that in the basement he found a “brick” of heroin in the bottom of a laundry basket. Hills asked Bartoe why Barrow was arrested if he didn't have any drugs on him nor was he seen engaging in any criminal behavior.

Bartoe said that in his experience, outsiders like Barrow come to Butler to set up drug dealing operations in the homes of local residents with drug habits.

Prosecutors also presented Chad Cammisa, a Butler County probation officer, who testified Wednesday that he was called to the Lyn Dale Drive home on the same day as the arrests. He said Children and Youth Services reported a man who was on probation was suspected of using drugs in front of his child who was found in the basement with Barrow. He said Harris told him the man wasn't in the home.

After obtaining a search warrant for the house, police said they found 113 bags of heroin in the basement along with a digital scale, suspected drug-packaging materials, a cocaine test kit and other drug contraband in different parts of the home.

Additionally, police said they found evidence in the house that linked Perkins to the suspected drugs. He was arrested Feb. 1.

The judge has given prosecutors and Hills 30 days to file briefs in support of their arguments before he makes a decision.

Andre Barrow

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