Judge suppresses evidence in Milford drug case

DOVER — Evidence seized during a residential search that culminated a one-month Milford drug investigation in January was invalidated Monday due to police use of a confidential informant, a judge determined Monday in a nine-page order.

Marvin D. Spady, 46 years old when arrested, contested the grounds for a search warrant and probable cause, arguing that the CI could have entered several rooms in a building where drugs were allegedly purchased and police could not corroborate his claims.

While police surveilled the CI during two “controlled purchases” obtaining heroin and crack cocaine, Superior Court Resident Judge William L. Witham Jr. found no officer witnessed a transaction while stationed outside a building at 10 Northwest Front Street.

Marvin D. Spady

Police could not “definitively say that CI was under ‘constant surveillance’ or, more importantly, that he purchased drugs from Defendant,” according to the order.

Also, the Court found, the CI was never mentioned as a “past, proven, and reliable” informant by the lead Milford PD officer or any other law enforcement agent.

“It also does not appear that any further investigation was conducted before enlisting CI,” Judge Witham noted.

While the CI apparently identified Mr. Spady from a photograph, the Court said, that “still does not get around the fact that once in the building, CI could have gone to any one of five places.”

According to police, the search warrant netted, among other items, 70.031 grams of heroin, two glass crack pipes, a digital scale, two spoons with drug residue, and Mr. Spady’s corrections identification.

Charges included drug dealing, Tier 5 possession and possession of drug paraphernalia, authorities said.

The entire order was posted online at courts.delaware.gov/opinions/.

Deputy Attorney General Gregory R. Babowal argued for the Delaware Department of Justice, with attorney Stephanie H. Blaisdell representing Mr. Spady.

At the beginning of the month, Mr. Spady’s trial was scheduled to begin on Oct. 29. He was listed online as being held at Sussex Correctional Institution in Georgetown.

 

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