Motion denied in case against ex-DQ owner

Photo

Trent Rapp

Staff report

Youngstown

A motion to suppress two search warrants used to obtain evidence against Trent Rapp, former Canfield Dairy Queen owner, was denied.

Judge Maureen Sweeney of Mahoning County Common Pleas Court filed a judgment entry Thursday.

A motion to suppress was filed by Atty. Sam Amendolara, who represents Rapp, indicted in July 2009 on 16 charges after a six-month investigation by Canfield and Beaver police and the FBI.

Rapp faces single counts of marijuana trafficking, cocaine possession, corruption of a minor with drugs and possession of criminal tools; eight counts of child pornography; and four counts of pandering sexually oriented material.

Amendolara argued that the affidavit presented to obtain the search warrant in January 2009 was unsubstantiated, making evidence gathered from the search inadmissible in court.

Judge Sweeney said in her entry that after reviewing the affidavit, the court determined probable cause for the warrant existed.

The defense also argued that the information in the affidavit wasn’t timely.

“Defendant’s argument is displaced,” Judge Sweeney stated. “Clearly the affidavit lists dates of searches and interviews.”

The second warrant also was upheld because the court found the first warrant to be valid.