Two guns suppressed from evidence and case subsequently dismissed
The police responded to VW’s residence based on a call of domestic disturbance. When they arrived on scene, they were told that there may be weapons in the house. The officers began searching VW’s bedroom and located two guns that, according to the State, were not properly registered. At an evidentiary hearing, Mr. Fiscella challenged the legality of the search of VW’s home. The court held that the search was unlawful and did not allow prosecutors to use the weapons in a trial against VW. Based on the court’s ruling, all charges against VW were dismissed.