Hillsborough: Official's son sees case dismissed

Hillsborough

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Official's son sees case dismissed

By Colleen Jenkins Times Staff Writer
Published October 19, 2007

Marlon J. Scott's case was dismissed Wednesday after his attorney argued that Tampa police made an unlawful entry into his home.

Circuit Judge Manuel Lopez dismissed the case Wednesday after Scott's attorney argued that Tampa police made an unlawful entry into Marlon J. Scott's home to arrest him.

Police visited Scott, 26, on Nov. 29 after an Animal Control officer accused him of keeping two Rottweilers on too-short chains in direct sunlight. They said he refused to step out of his house after several requests by an officer, then retreated into the home and pushed the door "forcibly against" the officer, according to a police report.

But defense attorney Kevin Beck said Officer Terrence Covais awoke Scott at 11:30 p.m. and refused to tell him why he was being arrested. Covais struck Scott with a flashlight, entered his home without consent and arrested him, Beck's motion states.

The Fourth Amendment forbids police from making warrantless arrests without consent to enter a person's home unless they are in "hot pursuit."

Beck pointed out that Scott had no criminal arrest, had attempted three times to contact the Animal Control officer about her concerns and got his dogs returned to him within days after their removal because they were found to be well cared for and healthy.

Prosecutors previously decided against prosecuting Scott on charges of animal cruelty, confinement of animals without food and water and battery on a law enforcement officer.

[Last modified October 19, 2007, 06:37:35]

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Comments on this article

by Alex	10/22/07 08:35 AM
This is a violation of the fourth amendment and it is very wrong.

by Judi	10/19/07 06:57 PM
I don't give a damm if this clown is black or poka dot, leaving dogs out in the sun isn't real bright!! I'm NOT even a dog person, but hey, they have feelings, so quit picking on the cop! Think before you speak, O.K.?????

by Sed	10/19/07 12:38 PM
Barnaby must be new to the area ; the "Times" is following its' script ! It always writes negative articles about "Blacks".Especially , if the "Black" is not an "Uncle Tom" . Most "Blacks" do not read the" Times" for this very reason!

by Lew	10/19/07 12:32 PM
another bad cop!!! do you think it's a club?

by Barnaby	10/19/07 09:04 AM
OK, so then you do this article and ruin his reputation when his case was thrown out of court. Another great job by our local reporters. Why don't you do a story on the officer that broke the rules instead?