Judge rules evidence seized from shooting suspect's bedroom was obtained legally
A Washtenaw County Trial Court judge ruled Thursday evidence seized during the investigation of a March shooting in Ypsilanti Township was legally obtained, despite protests from the defense.
Mark Hubbard
Judge David Swartz ruled Washtenaw County Sheriff’s Office deputies legally searched the bedroom of Mark Hubbard, who is accused of shooting at a man’s car following an argument at the Dairy Mart on Textile Road. Hubbard is charged with conspiracy to commit assault with a dangerous weapon, two counts of assault with a dangerous weapon and carrying a concealed weapon.
Hubbard’s defense attorney Michael Vincent argued Thursday deputies illegally searched Hubbard’s room when they went to the house where he lived with his mother. Vincent said Hubbard never gave consent for his room to be searched, and deputies never obtained a search warrant.
The consent form signed by Hubbard’s mother gave police permission to search “My Bedroom,” which Vincent argued only applied to her bedroom, not Hubbard’s.
“You can try and stretch this all you want but it says, ‘My Bedroom’,” he said. “The form is deficient.”
Washtenaw County Sgt. Lisa King said she had Bernice Hubbard, Mark Hubbard’s mother, sign a search consent form that gave permission to search the home and “My Bedroom.” However, King said that Bernice Hubbard had also given verbal consent to search Mark Hubbard’s bedroom.
Swartz ruled the search was legal because Bernice Hubbard was the homeowner and had given verbal permission to search the home, including Mark Hubbard’s bedroom where police found Winchester ammunition, according to Deputy James Roy.
Police say Hubbard and Amber King got into an argument with a man at the Dairy Mart on March 16 and subsequently followed the man as he drove away. Deputies said Hubbard fired several shots at the car while driving on McCartney Avenue. Deputies say Hubbard shot at the man again on Tyler Road. The man’s car was not hit, and no one was injured.
Mark Hubbard was not in custody when he appeared in court on Thursday. Swartz set a trial date in the case for 8:30 a.m. Nov. 17 at the Washtenaw County Trial Court, 200 N. Main St.
Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.
Comments
kraiford12
Mon, Oct 3, 2011 : 3:37 p.m.
Ownership does not give someone authority in that respect. You still have rights in someone else's house/car/spaceship. The way the judge is ruling on this goes against everything I was ever told or taught. Like one commenter said, "As much as I want to see the guy brought to justice if guilty..." that doesn't justify the means. You start climbing up a slippery slope when you let things like this slide. All of this assuming the information given is complete and creditable Fruit of the Poisonous Tree
RJA
Mon, Oct 3, 2011 : 2:50 p.m.
If the homeowner (mother) gave Police permission to search her home, bedrooms included, sounds legal to me. If I was his mother, I would feel more safe in my home, with him in jail. If I was suspicious of any activity going on, (in my home) I would call 911 myself.
Ron Granger
Mon, Oct 3, 2011 : 2:17 p.m.
They were lucky to keep the search in the case. That was some very sloppy police work. As much as I want to see the guy brought to justice if he is guilty, it doesn't sound like the search should have been allowed.
Ricebrnr
Mon, Oct 3, 2011 : 1:57 p.m.
Lesson for criminals? Don't live with yo mamma if you be hustlin.
KeepingItReal
Mon, Oct 3, 2011 : 3:07 p.m.
What's wrong with this Guy living with his Momma. Lots of people do. I suspect that your comments are less than honorable.