Judge chides Franklin officers who held suspect without arrest warrant

[TMMT]

Judge chides Franklin officers who held suspect without arrest warrant

FRANKLIN — A Williamson County judge last week warned Franklin detectives that the next time they pull a suspect out of bed, put him in a patrol car and keep him at the police station for several hours, they "should get an arrest warrant."

Despite that, General Sessions Judge Al Nations still found probable cause to send charges against Barry Durene Harris to a grand jury. Nations oversaw a preliminary hearing on Wednesday, when prosecutors outlined their reasons for charging Harris with aggravated assault and possession of marijuana.

Harris, 23, is accused of firing a shotgun toward a man who sold him a stolen car stereo on June 14. Police say they found marijuana in a pair of pants in the room Harris was sleeping in.

Harris, whose nickname is Bucket, told police he bought a stereo from Milton Britton for $5 but found out later it had been stolen from his sister's car, according to Detective Chad Black.

Harris is accused of getting in his car with a shotgun to look for Britton. Police said Harris found Britton on Natchez Street, near 11th Avenue, got out of the car and fired the gun. Britton told police that night that Harris was trying to kill him. Harris told police he was only trying to scare Britton.

Britton, who goes by the nickname Foe, testified that he did not remember what happened the evening of the shooting. He said he takes drugs for depression and had consumed a lot of alcohol that night.

Police first charged another man with the crime. They obtained an arrest warrant and questioned him before dropping charges and naming Harris as a suspect.

At least five officers went to 153 Acton St., where Harris was staying, according to Black. Police got oral and written permission from the home's owner to search the residence. Harris was taken into custody without a warrant and brought to the police station for questioning. Black said Harris admitted to the shooting. A warrant was obtained hours later, charging Harris with attempted criminal homicide.

Harris' attorney, Sandra Wells, said police conducted an illegal seizure.

"They could have gone down to the magistrate (for a warrant) if they had probable cause," Wells said. "This was an illegal seizure and anything after that should be thrown out."

Nations said, "I'm a little concerned with taking someone down to the police station without a warrant. Miss Wells has raised some excellent issues."

Prosecutor Says Police Were Reasonable

Assistant District Attorney Tammy Rettig said police have to look at what is a reasonable action at the time they detain a suspect. Rettig said police did nothing wrong.

Detective Chad Pace said he searched the home and found a pair of Harris' pants, which contained a bag of marijuana. Wells, asked Pace if he had gotten a warrant or permission to search Harris' belongings. Pace said he had the homeowner's permission but had not obtained permission from Harris.

Wells pointed out that the warrant charging Harris with drug possession states Pace searched the home at 155 Acton St., not 153. Pace said that was a typo.

Nations said there was probable cause for prosecutors to present the case to a grand jury, which could issue indictments against Harris. Nations said he was interested in seeing if the case ends up in the Court of Appeals.

"The Franklin Police Department has the utmost respect for our courts and judges," Sgt. Charles Warner wrote in an e-mail to The Tennessean. "After Judge Nations' finding of probable cause in (Wednesday's) hearing, the case will now continue in its forward momentum. We would not be interested in commenting further on this matter currently pending in criminal court."

Harris remains in custody at the Williamson County jail, with bail set at $25,000. He also faces probation violation. Harris was on probation after serving 70 days in jail for selling marijuana and bringing drugs into a penal institution.

Judge chides Franklin officers who held suspect without arrest warrant | tennessean.com | The Tennessean

[TMMT]

Folks lets not turn this into a cop bashing thread, but I have a serious question.

What the heck is going on with FPD? Anyone down that way care to chime in?

I know that in the last 3 years FPD has been sued 3 times over stuff their LEO's have done.

Several POST complaints, etc...

It don't seem to be BS either, cases were settled or ruled in favor of the Plaintiff and now this, you guys messing with the drinking water or something?