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Court upholds warrantless entry
YOUNGSTOWN
An appellate court has unanimously upheld the warrantless police entry into the South Side home of a former city man that led to his conviction for having bomb-making materials there.
“The warrantless entry into appellant’s home by police officers does not run afoul of the Fourth Amendment” to the U.S. Constitution, which prohibits unreasonable searches and seizures, ruled the judges of the 7th District Court of Appeals.
The ruling came Wednesday in the appeal of Randall Telshaw, 58, formerly of Ferndale Avenue, whom a jury convicted of illegal possession of explosive-making chemicals. Judge John M. Durkin of Mahoning County Common Pleas Court sentenced him to two years’ probation.
The decision came exactly five years after police entered Telshaw’s residence June 29, 2006.
The warrantless entry was justified because it occurred with the consent of a man Telshaw had authorized to be a caretaker of the house while Telshaw was in the hospital recovering from gunshot wounds he suffered in a home invasion and robbery the previous day, the panel ruled.
“It was also justified as part of the officers’ community caretaking function,” the appeals court judges added.
At Telshaw’s residence, police confiscated bags of potassium nitrate and ammonium nitrate, both fertilizers that can create an explosive device when mixed with other components, and 23 manuals on explosives and firearms.
Also seized were 330 pounds of aluminum powder and 220 pounds of potassium perchlorite, which, when mixed together, make flash powder, prosecutors said.
Police also collected assault-type rifles, a shotgun, thousands of rounds of ammunition, grenades, a pistol, a bazooka, and inert mortar shells from Telshaw’s home.
Judge Durkin said he believed Telshaw stored the items in his residence because Telshaw believed “Armageddon was upon us,” and he had to protect his family, but Judge Durkin said he didn’t think Telshaw intended to hurt anyone.
The decision was written by Judge Cheryl L. Waite, with Judges Joseph J. Vukovich and Mary DeGenaro concurring.