BURGER KING, BEWARE !!!!

Based upon a ruling by Medina County Judge James Kimbler, in support of a "finding" of probable  cause by LAPDOG JUDGE COLLIER, THE VILLAGE IDIOT AND TOWN WHORE, to issue a search warrant on account of "cars coming and going," BURGER KING RESTAURANTS SHOULD BE CONCERNED ABOUT ILLEGAL SEARCH AND SEIZURE BY MEDINA COUNTY POLICE!


FIRSTLY, IT SHOULD BE NOTED THAT LAPDOG COLLIER HAS ABSOLUTELY NO CONCEPT OF THE ELEMENTS REQUIRED TO ESTABLISH PROBABLE CAUSE AND DOES NOTHING MORE THAN RUBBER-STAMP ANYTHING THAT COMES BEFORE HIM.  IN SO DOING, HE DEMONSTRATES DAILY THAT HE IS NOTHING MORE THAN THE "PAVLOV DOG" BELONGING TO CORRUPT MEDINA COUNTY PROSECUTOR DINO HOLMAN.


The case that demonstrates that LAPDOG COLLIER qualifies, once again, as THE VILLAGE IDIOT AND TOWN WHORE can be found at the website of the Clerk of the Medina County Kangaroo Courts, identified as State v Jason Cubic, Case No. 08CR0075.

Initially, it is worth the time to read Mr. Cubic's Motion to Suppress Illegally Seized Evidence, found at http://www.co.medina.oh.us/medct_epublicnodr/pages/viewdoc.aspx?case=08CR0075&p=1&a=27 .

The Motion to Suppress Illegally Seized Evidence was filed on behalf of Mr. Cubic by his defense attorney Ronald Spears.  The case was prosecuted for CORRUPT MEDINA COUNTY PROSECUTOR DINO HOLMAN by none other than ASS. PROSECUTOR SCOTT SALISBURY, THE PATHOLOGICAL LIAR.


Right off the bat, the reader will recognize that Mr. Cubic will be deprived of his Constitutional Rights.


Attorney Spears has done an admiral job of pointing out the manifold deficiencies of the application for the search warrant, attached to the Motion to Suppress in Mr. Spears' pleading.

Attorney Spears adequately points out all of the legal deficiencies that LAPDOG COLLIER conveniently overlooked as he rubber-stamped the search warrant in the Cubic case:

1)  Based on an anonymous tip that Cubic was manufacturing methamphetamine in a garage on Rocklyn Ave. in Brunswick, Medina County Drug Task Force agents conducted surveillance of the residence and :
     a)  observed several vehicles visited the Rocklyn address on four separate days;
     b)  failed to provide any vehicle descriptions or license plate numbers;
     c)  failed to identify or even describe persons visiting the Rocklyn residence;
     d)  failed to provide any information as to which structure, house or garage, the visitors entered;
     e)  pulled trash and found vegetable matter that presumptively field-tested positive for marijuana;
     f)  trash pulls failed to produce any evidence of the possession or manufacture of methamphetamine;                                                                                                              

     g) determined that Cubic purchased tablets containing pseudoephedrine from local drug stores over a 15-month period;                                                                                             

    h) made no controlled purchases of methamphetamine from Cubic or from the Rocklyn address;

     i)  failed to identify which of the two garages on the property, if any, were allegedly used to manufacture methamphetamine;
     j)  the location of the actual residence of Jason Cubic;
     k) the owner of the residence on Rocklyn;
     l) the identities of the residents of the Rocklyn address, and more.

As usual, the office of CORRUPT MEDINA COUNTY PROSECUTOR DINO HOLMAN failed to file any opposition to Mr. Cubic's Motion to Suppress, relying instead upon the largess of the Medina County Judges to rule against Mr. Cubic, in spite of the typical sloppy police work that is the hallmark of the Medina County court system.


JUST WHERE IS THE EVIDENCE TO SUPPORT A CONCLUSION THAT METHAMPHETAMINE WAS PROBABLY BEING MANUFACTURED AT THE ROCKLYN ADDRESS?

LAPDOG COLLIER ultimately recused himself from railroading Mr. Cubic after Mr. Cubic raised the issue of the suppression of the search warrant rubber-stamped by LAPDOG COLLIER. 


Mr. Cubic's case was transferred to Judge James Kimbler who, unlike LAPDOG COLLIER, took the time and trouble to issue a written decision on the suppression motion, errant though it may be.

Judge Kimbler, in apparent allegiance to LAPDOG COLLIER and DINO HOLMAN, denied Mr. Cubic's Motion to Suppress.  Judge Kimbler's written decision can be found at http://www.co.medina.oh.us/medct_epublicnodr/pages/viewdoc.aspx?case=08CR0075&p=1&a=35 .

It is refreshing to see that Judge Kimbler, unlike LAPDOG COLLIER, has some familiarity with the law, including the decision of the United States Supreme Court in Illinois v Gates, which has been discussed in an earlier post at this blog.   


It is troubling, however, that Judge Kimbler failed to suppress the evidence that was seized on the basis of a search warrant that clearly lacked probable cause to search for the materials seized.


Judge Kimbler based his decision, in part, because the drug agents "saw several cars come and go from the residence."


BASED ON JUDGE KIMBLER'S RULING, IN SUPPORT OF THE SEARCH WARRANT RUBBER-STAMPED BY LAPDOG MEDINA JUDGE COLLIER, ALL FAST FOOD RESTAURANTS IN MEDINA COUNTY ARE IN PERIL.


HOW MANY CARS COME AND GO FROM THE LOCAL BURGER KING?


MUCH MORE TO COME .....