Robbery evidence valid in court
Hoping to beat their charges by hiding behind the Fourth Amendment, a pair of alleged armed robbers had their attempt rejected this week when the court ruled evidence found during a police search may be used against them during trial.
The suspects, Chris Markey and Chris Mendoza, face up to 12 years in prison if they are convicted of armed robbery. They are charged with robbing McMinnville Loan, located on Chancery Street near Bobby Ray School, in December. The suspects reportedly entered the building, pulled a gun and demanded money. They fled the scene with about $3,700 cash.
They were caught minutes later by lawmen who fell behind their getaway vehicle in an unmarked car. The officers, McMinnville Police Lt. Derwin Adcock and District Attorney investigator Jason Rowland, said they followed the suspects to a residence on Black Street after they saw them leaving a parking lot near the victimized business. Adcock said the officers heard the robbery report on their radio and then saw the men, clad in short sleeves, pulling out near the crime scene. Adcock said it was odd the men were wearing short sleeves when it was 32 degrees.
The suspects were taken into custody on Black Street. Police found a gun inside the car along with clothes allegedly worn during the robbery. The two were caught on surveillance cameras.
While police pointed to catching the men red-handed, defense attorney Lisa Zavogiannis argued the officers did not have probable cause to search their vehicle. Specifically, Zavogiannis pointed to the Fourth Amendment which protects citizens against unreasonable search and seizure.
In her argument before the court, Zavogiannis said the officers had no credible information, prior to stopping the men, that the two were part of a robbery. Instead, the defense attorney said the officers acted “on a hunch” which is not enough to warrant their following and stopping of a vehicle.
However, the court found police did have probable cause to detain the suspects. The ruling means the items found in the vehicle will be used as evidence. Had the defense won its argument, all evidence found during the search would have been thrown out and never heard by a jury, thereby significantly hurting the state’s case.