HomeMy WebLinkAbout09-6137RYAN JAMES LAWSON,
Petitioner
vs.
COMMONWEALTH OF
PENNSYLVANIA,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Oq- 013'1 Civil Tc°m
PETITION FOR RETURN OF SEIZED PROPERTY
AND NOW, comes the Petitioner, RYAN JAMES LAWSON, by and through his
counsel, R. Mark Thomas, Esquire, and files this Petition for Return of Seized Property, and in
support thereof respectfully represents:
1. Petitioner is an adult individual who currently resides at 1112 Grandia Flora
Drive, Mechanicsburg, Pennsylvania 17055, with his parents.
2. Respondent is the Commonwealth of Pennsylvania, specifically, the Office of the
District Attorney, Cumberland County, Pennsylvania.
3. On June 13, 2008, Trooper James Borza, along with other officers, conducted a
search of the Petitioner's residence pursuant to a search warrant dated June 13,
2008. (A copy of the Search warrant, Affidavit of Probable Cause in Support of
the Search Warrant, and a copy of the Receipt/Inventory of Seized Property
pursuant to that search are attached hereto and marked Exhibit "A".)
4. While conducting the search, the officers located a packaged Walther P22
handgun with serial no. L001423 and some clips. The handgun was not loaded
and was brand new.
5. This handgun and the packaging in which it was kept along with the registration
information inside the packaging were seized by the officers executing the search
warrant.
6. The handgun was in the lawful possession of Petitioner and rightfully belongs to
the Petitioner.
7. The Search Warrant, Application, and Affidavit of Probable Cause indicate that
the search warrant was issued for the purpose of searching Petitioner's residence
for marijuana and marijuana related paraphernalia.
8. A small amount of marijuana was found along with paraphernalia and the
Petitioner was properly charged with those items.
9. Petitioner applied for admission into the Cumberland County ARD Program and
on August 19, 2009, was officially entered into the Cumberland County ARID
Program.
10. The handgun is not relevant to the charges and, therefore, there is no need for the
Commonwealth to continue with possession of the handgun for prosecution
purposes.
11. Petitioner acknowledges that during the time that he is in the Cumberland County
ARD Program, he is not allowed to possess a firearm.
12. Petitioner acknowledges that any Court Order granting this Petition will include a
provision that the handgun is not to be returned to Petitioner until such time that
he has successfully completed the Cumberland County ARD Program.
WHEREFORE, Petitioner, RYAN JAMES LAWSON, prays that this Honorable Court
will enter a Rule upon the Commonwealth to show cause, if any, as to why this handgun should
not be returned to Petitioner.
Respectfully submitted,
R. Mark Thomas, Esquire
Attorney No. 41301
101 South Market Street
Mechanicsburg, PA 17055
Telephone: 717-796-2100
CERTIFICATE OF SERVICE
I, R. Mark Thomas, Esquire, hereby certify that I am this day serving a copy of the
foregoing document upon the person and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by hand-delivering a copy of same to:
Cumberland County District Attorney's Office
Cumberland County Courthouse
Carlisle, PA 17013
Date: ?/a - 0'
R. Mark Thomas, Esquire
101 S. Market St.
Mechanicsburg, PA 17055
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I
SEARCH{ WARRANT
"W__ AND AUTHORIZATION
COUN I Y vF CUMBERLAND _
Docket Number Police Incident Wairait ot oI
(Issuing Authority): Number: H02-1767181 Number: 6068-06`3
Tpr. James Borza PA State Police Carlisle Barracks 717-249-2121 06'13/08
AFFIANT NAME AGENCY PHONE NUMBER DATE OF APPUCATION
f
IDENTIFY ITEMS TO BE SEARCHED FOR AND SEIZED (Be as specific as possible):
Marijuana, a schedule I Controlled Substance, or any other controlled substances listed under Act 64 of 197:2. Any
paraphernalia associated with the growing, use or distribution of controlled substances. Or any records,
proceeds/currency or documentary evidence of the sale of controlled substances.
SPECIFIC DESCRIPTION OF PREMISES ANDIOR PERSON TO BE SEARCHED (Street and No., Apt. No., Vehide, Safe Deposit Box, etc.).
ANY ALL AREA COMPARTMENTS, CREVICES, ANY AND ALL AREAS IN WHICH CONTRABAND COULD BE
CONCEADLED IN ONE 1112 GRANDIA FLORA DRIVE, UPPER ALLEN TWP., CUMBERLAND COUNTY, PA.
NAME OF OWNER, OCCUPANT OR POSSESSOR OF SAID PREMISES TO BE SEARCHED (If proper name is unknown, gore alias and/or descripnon):
ants)
p
Kathryn Lawson and Ryan Lawson (Occu
James Lawson, Suzanne Lawson,
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VIOLATION OF (Descnbe conductors pecily statute). OAT (S) OF VIOLATION.
Controlled Substance, Drug, Device and Cosmetic Act, CS 13a16 06113/08
Warrant Application Approved by District Attorney - DA File No. JMK-08-113 06113108
(N DA approval required per Pa.R.Crim.P. 202(A) with assigned File No. per Pe.R.Crim.P. 507)
? Additional Pages Attached (Other than Affidavit of Probable Cause)
® Probable Cause Affidavit(s) MUST be attached (unless sealed below) Total number of pages:
TOTAL NUMBER OF PAGES 15 SUM OF ALL APPLICATION, PROBABLE CAUSE AND CONTINUATION PAGES EVEN IF ANY OF THE PAGES ARE SEALED'r =. _
The below named Affiant, being duly swom (or affirmed) before the Issuing Authority according to law, deposes and says that there is probable
cause to believe that certain property is evidence of or the fruit of a crime or is contraband or is unlawfully possessed or is otherwise subject to
seizure, and is located at the particular premises or in the possession of the particular person as described above. j
Pa State Police Carlisle PA 6068
ig atu o Affiant Agency or Address if rn to Afant Badge Number
orn/t and subscrib e r this day . Ma lst. No.
?j t SEAL
Si nature of Issuing Auth rify Office Address O
SEARCH WARRANT WHEREAS, facts have been swom to or affirmed before me by w 'tten affi avit(s) attac d hereto from
TO LAW ENFORCEMENT which I have found probable cause, I do authorize you to search th Ises or person descnbed, and to Q
OFFICER: seize, secure, inventory and make return according to the Pennsylvania Rules of Criminal Procedure. (D
This warrant shall be served as soon as practicable and shall be served only between the hours of 6AM to I OPM but in no event later than:` Z
? T Warrant shall be served soo as practicable ajjrl- a be ed any time during the day or night but in no event later than: "
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to
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' The issuin uthority should specify a da not later n o (2) days after issuance. Pa. R.Crim.P. 205(4).
If the ,- ing uthority finds reasonable c use fo suing a ' httime warrant on the basis of additional reasonable cause set forth in the accompanying affidavit(s)
and wishes to i ue a nighttime ten th bl sh I b checked. Pa P. 206(7 r _
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t ' (s) o' ck
.
Iss d under m hand this o a 0
- t (SEAL) LU
Signafure of Issuing Authon Mag. Dist. or Judicial Dist No. Date mmission Expires: CL
Title of Issuing Authori M iste I District Judge [] Common Pleas Judge U
U
For good cause stated in the affidavit(s) the Search Warrant Affidavit(s) are sealed for days m
by my certification and signature. (Pa.R.Crim.P. 211) O
(Date) (SEAL)
Signature of /ssuinq Authority (Judge of the Court of Common Pleas or Appellate Court Justice or Judge).
41 OA-05
r? W18
?:ommonwealth of Pennsylvania A Ah AFFIDAVIT OF
PROBABLE CAUSE
COUNTY OF CUMBERLAND -
Docket Number _, _. __...... .,_::: .?..,,?z_ ,n. ....?. >?•?..,?, ?-:?_?, .:, , ,.: , ::.r,? .. .?:.,. , .-..
Police Incident Warrant Contrc:l
? (Issuing A„thor p.' Number: H2-1767181 Number: 6068--)613
PROBABLE CAUSE BELIEF IS BASED UPON THE FOLLOWING FACTS AND CIRCUMSTANCES:
1. Your affiant has been a Pa. State Trooper for over 18 years, and during that time I have been assigned to
the Bureau of Drug Law Enforcement for 6 years and my present assignment is Trcop Vice -or the last 3
'
vears. Your affaint has conducted numerous
umerous undercover drug investigation as well as the sewing of search
warrants for violations of the controlled substance act.
2. This investigation concerns the residence located at 1112 Grandia Flora Dr., Upper Allen Twp.,
Cumberland Co.
i, 3. On 06/13/08 at approx. 0500 Hrs., a trash pull was conducted from 1112 Grand.ia Flora Dr, Upper Allen
Twp., Cumberland. This trash pull was a result of an complaint anonymous received by the State Police of a
Ryan James LAWSON possibly selling marijuana from the residence. On 06/13/08 at approx. 0500 Hrs, this
officer removed trash that was placed curbside. A search of this trash revealed 4 marijuana stems. A NIK
test was used on a small leaf that was pulled from one of the stems with showed a positive result for the
presence of marijuana. Also located in the trash was a employee clock out sheet with the name of Kathvrn
Lawson who is known to be the sister of Ryan Lawson.
4. Based on the above listed series of events and facts your affiant believes that probable cause exists to show
that the residence at 1112 Grandia Flora Dr, Upper Allen Twp., Cumberland Co is being used for the use of
controlled substances in particular marijuana. As a result of this your affiant requests that a search warrant be
issued in furtherance of this investigation.
I
EXHIBIT
`° ` .?,1?I Sod
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I, THE AFF]ANT, BEING DULY SWORN ACCORDING TO /CW, D POSE AND SAY THAT FA S SET FORTH IN THE AFFIDAVIT ARE
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TRUE AND CORRECT TO THE BEST OF MY KNOWLED
, INF RMATION AND
f- C-1 )--O ! (SEAL)
A ant Si nature Date Issuin Authority ' natu Date
Page 2 of 2 Pages
AOPC 4108-10-24-98
Commonwealth of Pennsylvania RECEIPT, [INVENTORY
OF SEIZED. PROPERLY
'COUNTY OF CUMBERLAND
Docket Number Police Incident Warrant Control
(Issuing Authority): Number: H02-1767181 Number: 6068-0613
Date of Search: Time Searph:? Inventory Page Number:
06/13/08 NN 1 of 1 Pages
f Tpr. James BORZA PSP-CARLISLE 6068
Affiant Agency or Address if private arFant Badge No.
The following property was taken / seized and a copy of this Receipt / Inventory with a copy of the Search
Warrant and affidavit(s) (if not sealed) was
personally served on (name of person) Z S QA)
was left at (describe the location)
Item I Quantity Item Make, Model, Serial No., Color, etc.
Number Descriotion
31s ? Y?
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3 z I t n; ?, l pL.S
q n 1 J _W T 1 Su18t r? p?n,c 4 A. Jf
1 101 ;71L a?P.4A W , til
11 4-7 a q.. n «t ?V
Z714A -z crc ???, Sr?t f L
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I/we do hereby state that this inventory is to the best of my/our knowledge and belief a true and correct listing of all items seized, and that Uwe
sign this Receipt / Inventory subject to the penalties and provisions of Title 18 Pa.C.S. 4904(b)-Unswom Falsification to Authorities./.
'"' J ".J x to J #0
Si nature o erson lssuin Par-pint /Invento Printed Name Affiliation Badge or rt/e
at ?tness Printed-Alame Affiliation Badge or Title
Sig ture person making Search Printed Name Affiliation Badge or Title
AOPC 4138 12d19.98
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CUB
$ '18 5o PC, A?T 4
GG 1490
?' a 30.9
RYAN JAMES LAWSON,
Petitioner
vs.
COMMONWEALTH OF
PENNSYLVANIA,
Respondent
!I
SEP 10 2009 ?,
IN THE COURT OF COMMON PLEAS O
CUMBERLAND COUNTY, PENNSYLV r
NO. 04 - lol 3`7 0'iva Tem
A RULE
AND NOW, this 1 day of September, 2009, upon consideration of the Petition
Return of Seized Property, a Rule is issued upon the Commonwealth to show cause, if any as to
why this Petition should not be granted.
Rule returnable within ? days of service of this Rule upon the
By
cc: CC nberland County Office of District Attorney
-R. Mark Thomas, Esquire
0-of C es -nb L I4t-c
FILED--Oi ICZ
OF THE PFlOTHi`) (.)*lARY
2009 SE? I I AM 9: 38