ASSISTANT Public Defender Tyler Scott has requested the Superior Court to suppress any and all evidence obtained from what he said was an unlawful search of a vehicle located on his client’s property without a warrant or other legal justification on April 7, 2022.
Scott represents Anthony Villanueva, 47, who was charged with assault with a dangerous weapon, disturbing the peace, and illegal possession of a controlled substance.
Villanueva was accused of threatening his girlfriend with a sword after she did not buy the truck he wanted, and of possessing methamphetamine.
In his motion, Scott said the search violated his client’s constitutional right to be free from unlawful searches and seizures under the United States and Commonwealth Constitutions.
According to the public defender, when police officers responded to the scene and located a vehicle at Villanueva’s property, they saw Villanueva near the vehicle “which Villanueva had borrowed,” Scott added.
After arresting Villanueva, Scott said, police proceeded to secure the vehicle by locking the door.
“Villanueva did not request nor consent to police securing the vehicle,” Scott added. “Villanueva did not consent to police looking in, entering, or searching the vehicle.”
According to the complaint against Villanueva, his girlfriend told police that he had been asking her for money to purchase a Toyota T100 pickup truck.
When she told him that she did not have the money, an argument ensued between them, she added.
The girlfriend told police that after the argument, Villanueva grabbed a sword and unsheathed it. While holding the sword, she said, Villanueva slashed at a dresser and started walking toward her in an aggressive manner while pointing the tip of the sword toward her.
She said she grabbed her phone and called for police assistance which caused Villanueva to flee from the residence taking the sword with him.
Police said she made the call on April 7, 2022, at around 11:32 a.m.
Later, at around 6:33 p.m., police received a call again from Villanueva’s girlfriend reporting that he had returned to the residence.
A witness flagged down the responding police officer and pointed to a parked vehicle.
The police officer parked behind the vehicle and saw Villanueva getting out with a bucket full of extension cords. After securing Villanueva, and as he was trying to lock and secure the door of the vehicle, the police officer saw a small clear Ziploc baggie containing a crystal-like substance on the front passenger seat
The officer then searched the vehicle and found a clear glass pipe in the center compartment.
The crystalline substance tested positive for methamphetamine.
