Otter House Owners Try to Suppress Evidence in Raid
An apparent error in the search warrant affidavit could hurt the prosecution of the two co-owners on misdemeanor charges of keeping a public nuisance.
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The owners of the Otter House are trying to suppress evidence found during the July 27 raid of the business stating that the police department did not show probable cause for the early-morning search.
According to the suppression motion filed Wednesday in General District Court by attorney Andrew Cornick, the chief basis for the argument is that the search warrant affidavit contains an error in which Fredericksburg Detective Jason Pitts states that 2.27 ounces of marijuana were found in the business on Dec. 28, 2011, when the alleged discovery reportedly happened in a private residence inhabited by one of the co-owners and his brother. That error easily could have misled the magistrate into approving the search warrant.
Cornick's motion details how police conducted the raid just before closing, some wearing masks to disguise their identities and carrying assault rifles with extra magazines. They "herded," at gunpoint, the band, patrons and employees into a corner of the upstairs bar while they conducted the search.
"In the ensuing search of the entire building, the officers recovered two pills believed to be a Schedule I or II substance (in plain view near where all the detained persons were huddled) and a smoking device believed to contain marijuana," the motion states. "Outside the building but in an adjacent alley the officers recovered a second smoking device and a small amount of suspected marijuana."
The motion, which is attached to this story in a PDF, was filed for the case against Otter House co-owner Stephen Andrew Cameli, who was charged with maintaining a public nuisance. Co-owner Paul Stoddard also was charged with the misdemeanor.
The motion attempts to dispel each allegation in the search warrant affidavit, which is also attached to this story in a PDF, with arguments that the detective did not present enough probable cause to the magistrate or make a strong enough connection with the Otter House to the other separate events detectives allegedly witnessed during the seven-month-long investigation.
Fredericksburg Detective Jason Pitts requested a search of the Otter house at 1005 Princess Anne St. and the adjacent 1009 Princess Anne St. (two apartments) that is not owned or rented by the Otter House owners. The motion argues that the detective used the prior Dec. 28, 2011, arrest of Cameli and his brother, Joshua, on possession of 2.27 ounces of marijuana as the basis for asserting that there would be contraband in the Otter House. But the affidavit in error states that the marijuana was found in the Otter House, when it was allegedly found in the Camelis' residence on Littlepage Street.
"Whether or not this misstatement was intentional, a plain reading of this paragraph leads the reader to believe that 2.27 ounces of marijuana was recovered from the Otter House, which is patently untrue," the suppression motion states.
"At the very least, Detective Pitts' statement implying marijuana was seized from the Otter House in December was sloppy and it certainly resulted in a misstatement of material fact in the affidavit."
The suppression motion states that Cameli was charged with simple possession of marijuana after that December search and he was eventually convicted of possession of paraphernalia in his residence, but that the search warrant for Otter House was to seek evidence on drug distribution.
The suppression motion also argues that the affidavit cites an incident on April 18 when an officer reported observing Michael Acors urinating on a trash can in the alley by Otter House. The officer allegedly found marijuana on Acors, but the detective fails to make any reasonable connection to the Otter House, the motion states.
"The magistrate is left to wonder what connection, if any, Michael Acors has to the Otter House other than having chosen it as a good place to urinate," the motion states. "Detective Pitts did not describe the amount of marijuana seized from the unfortunate Mr. Acors, and whether or not, based on his training and experience, that amount is consistent or inconsistent with personal use."
The motion goes on to mention how the detective used an "unreasonable leap of logic" and a "vague layer of intrigue" to infer other allegations in the affidavit in an attempt to paint the Otter House "as a den of iniquity, with a paucity of usable information in the determination of probable cause to search the Otter House." The motion also argues that the detective fails to make a strong connection between the two apartments at 1009 Princess Anne St., where police suspected drug dealing, and Otter House, yet the detective makes numerous attempts at tying the two together throughout the search warrant affidavit.
"Simply put the Affidavit failed to provide a 'nexus' linking the information detailed therein, be it from informants, observations by the officers or from any other source, to the Otter House," the suppression motion states. "The bulk of Detective Pitts' affidavit focuses on 1009 Princess Anne Street, a location it bears repeating is separate and apart from the Otter House."
Cornick concludes in the motion that people are free from unreasonable searches and seizures in the Unites States and that the detective used incorrect information "mixed with irrelevant and needlessly scandalous information" to get the search warrant approved.
"Members of the public, including the defendant and the staff of the Otter House, were ambushed like so many members of a drug cartel, all based on the flimsiest of ties to Detective Pitts' investigation," the suppression motion states.
The co-owners next court appearance is scheduled for Oct. 18.
Related News:
Warrant Details Drug Dealing That Led to Raid
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Croasdale
6:16 pm on Saturday, August 11, 2012
So... No evidence to back up a public nuisance charge, or the raid? I am hopeful that the Otter House can recover from the bad press the city has created for them.....
JS Mosby
9:08 pm on Saturday, August 11, 2012
Interesting why they're being targeted.
I know for a fact that a patrol officer entered a residence near Kenmore some months ago because the front door was wide open. On the coffee table was quite a bit of paraphernalia. The residents were located in the basement and told to keep the stuff out of sight and close the door in the future.
So, that brings us back to why Otter House is now suddenly public enemy number one.
Could it be because Thursday night DJs attract African Americans into downtown (as opposed to down on Pr. Anne st at KC's music hall)?
The place serves organic, hormone free beef, employs dozens of young people, forks out a nice chunk of change in taxes and in realistic terms when one considers what the bar scene in other places looks like, rarely has any problems.
(you may remember Uncle Sams', The Shark Club, etc for comparison).
So why Otter....?
And then they show up brandishing AR-15 assault rifles and botch the paperwork.
Long guns...
Think on that.
JS Mosby
9:09 pm on Saturday, August 11, 2012
Makes me wonder who has their eye on that property........
1Ronald
2:28 pm on Tuesday, August 14, 2012
Now, you've got me thinking. This would be FW's third wouldn't it? I believe they also have Fatty's. Keeping the plate glass people in business. At least they, along with Otter House, are a good tax base for the city.
Barney Fif
10:43 pm on Saturday, August 11, 2012
Pitts-a-ful Detective work. Tarnishing the names of two hardworking guys. If I were the kids who were selling the drugs I'd be laughing my a$$ off at the Fredericksburg Police. How much did this botched drug raid cost the city I wonder, and how can they now rebuild the trust between the city and downtown businesses?
Buck Mulligan
9:46 am on Sunday, August 12, 2012
The real shame of it is that this city continues to discourage UMW grads from staying local and starting up businesses: which both of the co-owners have done. UMW grads are usually planning their escape from Fredericksburg by their junior years, as there is seemingly zero opportunity for young college grads. These two young men work 15 hours a day, seven days a week. The Fredericksburg PD are overzealous, amped up, and have no clue about how to develop relationships with young business owners. If a beat cop in this town was truly working for the community, he or she would eat for free at The Otter House every night of the week. Obviously way too many amped up (overly aggressive and under-educated) cops looking to be involved in something beyond the routine traffic stop.
Arnold Smithson
2:44 pm on Sunday, August 12, 2012
Harassing them while they're in college doesn't do much to keep them here either, but the problem with local politics is that the loudest voices often don't represent the entire community. And our former Mayor and City Council never hesitated to score political points by taking on a group that largely doesn't vote in Fredericksburg and couldn't hold them accountable.
The whole thing is reprehensible. We should do an Otter House Appreciation day sometime next week.
Malcolm Kyle
1:51 pm on Sunday, August 12, 2012
As with torture, prohibition is a grievous crime against humanity. If you support it, or even simply tolerate it by looking the other way while others commit it, you are an accessory to a very serious moral transgression against humanity.
* The United States re-legalized certain drug use in 1933. The drug was alcohol, and the 21st amendment re-legalized its production, distribution and sale. Both alcohol consumption and violent crime dropped immediately as a result, and very soon after, the American economy climbed out of that same prohibition engendered abyss into which it had foolishly fallen.
"Institutions will try to preserve the problem to which they are the solution."
—Clay Shirky.
1Ronald
2:58 pm on Sunday, August 12, 2012
" ....... some wearing masks to disguise their identities and carrying assault rifles with extra magazines". I'm not sure when this policy began, but paramilitary sends the wrong message to Fredericksburg citizens who finance this mess and must stand to answer to those from other jurisdictions who question why this overkill is necessary to conduct a simple raid. This isn't nazi Germany. If this is done because they're afraid, then they have no business in their (current) chosen profession. And defense counsel now presents the search warrant affidavit as in error. Is the restaurant being an unfair target? While Officer Pitts may well have gotten caught up in the excitement of it all, and these things can get pretty exciting, the question remains as to WHO is oversight now that Capt. MF is gone and was his replacement too quick, too soon? My impression is that Capt MF loved these things and was always there in the midst of it all. Yet, there is no mention of the (new) Capt. But, NEVER, EVER should we see such a display of terror, that we ALSO saw under Capt MF, when "some wearing masks to disguise their identities and carrying assault rifles with extra magazines" are a display of what we have to offer. Where does this type of behavior end? Is there anyone out there that is the slightest bit uncomfortable with this?
Sipowitz
9:42 pm on Sunday, August 12, 2012
Whether or not this is sloppy or intentionally negligent use of police force in frankly irrelevant. The fact is that things like this shouldn't happen. It's simply despicable. Now two young men who are simply trying to make a living and providing welcome business and jobs to this city are having their reputations dragged through the mud. It's disgusting that the FBPD would entertain such an idea against its own citizens on the whims of one or two upset residents who have held a grudge against the owners since day one. I sure hope that these folks who abuse the law to promote their agenda don't find themselves on the wrong end of a citizen's complaint.
Croasdale
12:41 am on Monday, August 13, 2012
Some people need medication....... Scary...
1Ronald
7:11 am on Monday, August 13, 2012
Is City Council OK with this? When the Watcher is not watching the watcher, and I'm referring to hierarchical oversight, SOMETHING NEEDS TO BE DONE. Where is the head cracker? The Republic of Fredericksburg has become a US model for a Third World country, here at home. We do not have guillotines, we do not have firing squads, and there is NO NEED for Police to dress as Executioners. When you have masked Terrorists enter a building that do not appear to be Police, that the public cannot identify as Police, each and everyone risks being shot dead by confused and frightened others. You might say, that's why they're armed to the hilt. Ready to do gun battle and to kill as many as is humanly possible. Blood Lust! Sure does transform that ole high school bully into something he never dreamed he could pull off.
THE BOTTOM LINE IS THIS. When an event unfolds--at any scene--I want to see faces. The Public's Right to Know demands that those involved can be identified if mistakes are made and if this becomes adjudicated in a court of law that those involved, those responsible, can be readily brought to justice and identified in order to exact penalty. NEVER, EVER in my entire life, until this current administration, have I known or seen police dress up as Third World Terrorists plaguing and harranguing the general public instilling fear, dread, and terror in the hearts and minds of all who happen to be so unfortunate as to be present during one of their debacles.
Anne
2:50 pm on Monday, August 13, 2012
It's troubling that the police can raid an establishment with their faces hidden and using assault rifles. If they can't be identified is this really a legal search? The city looses so many businesses every year you would think they would be delighted to have a place that does business and can pay taxes.
I also feel the owners of the otter house need to sue over the police leaking false information. Like 2.27 ounces of marijuana. Yikes.
Of course on another thought, if we legalized the stuff, we could sell it with a huge tax and pay off the countrys debt. And so you all know, I am a 62 year old woman and have never had a drink of alcohol or done drugs in my life.
JS Mosby
4:04 pm on Monday, August 13, 2012
"Maintaining a Public Nuisance"
Really?
Two Words.... Micha Ministries.
Which your taxes subsidize.
Silly. That's what this town is....Silly. Silly little ding-bats running in circles.
Spotsy Sheriff is LTAO. They have real problems out there, like meth labs, MS13, real traffickers. Stuff that actually requires long guns when you knock on the door.
But you know, those kids sell hormone free, organic beef. They must be in league with some leftist communism or something. Better bring a tank next time.
LOL at the whole fiasco.
Dan Telvock
5:34 pm on Monday, August 13, 2012
Were those guns in the photo used? I can see how a common person would think those were assault rifles.
Jason Atkinson
5:56 pm on Monday, August 13, 2012
I'll second that Dan. Of course she also says that the SETT team was not there that night...
Dan Telvock
7:49 pm on Monday, August 13, 2012
Yes, the motion is representing one of the co-owners of the Otter House. So, no one was herded in Otter House with guns pointed at them? If that didn't happen, I want to correct the story but I cannot do anything with the motion. I will try reach out to the attorney.
Joshua Cameli
9:43 pm on Monday, August 13, 2012
With all due respect, I was working the night of the raid. I was cleaning the bathrooms when I was ordered downstairs with patrons, entertainment, and co-workers, by masked individuals in camouflage wielding very big guns that may or may not have been assault rifles. I was not informed why, until I was down stairs. There were also uniformed officers present, as well as plain clothes officers. Anyone who says otherwise is misinformed.
Dan Telvock
9:58 pm on Monday, August 13, 2012
Well, the police department needs to be clear then: What guns were used in this search and did any of the officers or detectives wear masks? If they did so for the next door apartment, is it feasible that some went into Otter House?
Arnold Smithson
10:07 pm on Monday, August 13, 2012
To tag on to Joshua's point here, I'm not sure how many people here have had a gun pointed at them by a masked individual, but it's not an experience you forget. But thank God the police found a couple pills and some paraphrenalia.
My tax dollars at work I suppose.
Dan Telvock
10:18 pm on Monday, August 13, 2012
When I lived in Winchester, I ran out of the door at my gym downtown and started to run home and this police officer came running after me with his gun out and told me to get on the ground. That scared the you know what out of me and it ended up that they were searching for a suspect on the loose and the fact I was running outside alerted them. Don't like guns pointed at me ever.
Buck Mulligan
7:45 am on Tuesday, August 14, 2012
Adam hit the nail on the head here: not only did the Fredericksburg PD, A) waste tons of time and taxpayer monies on raiding an establishment that is obviously no different than a dozen others like it in the city, and B) embarrass themselves by their amateurish and buffoon-like display during the raid, but now its PR spokeswoman, Ms. Bledsoe, can't muster enough gumption to present even an iota of contrition for the spectacle her agency caused...not to mention the damage done to The Otter House via negative press and to it's owners, both of whom I'm sure haven't slept a wink since the raid. Memo to members of the Fredericksburg PD who raided The Otter House: the next time you feel the steroids beginning to bubble up to the surface, why don't you just do what most other policemen do and find a black person to harass?
Charles Cifizzari
8:22 am on Tuesday, August 14, 2012
College kids had some weed on them? No way! And they sold a joint or two to some friends?? Call the church elders! I don't smoke weed, I have maybe three beers a week, I am a family man, and a local business owner; I do not condone harassing local businesses in this manner. If a bar owner and his friends want to smoke weed at 3am after a long night of working, I could not care less. It is a establishment where people go to get drunk. Would our local law enforcement rather deal with drunk drivers, or instead some pothead kids looking to slay a box of cookies? Oh no, not the munchies!
With all that I just said, I do want to point out that I appreciate our local law enforcement. They keep us safe, and generally they do a awesome job at it. This is definitely a isolated incident, but it is one where some apologies need to be made, and for the reputation of some tax paying citizens to be cleaned up. If any of the owners of Otter House are reading this, just know that you all will continue to have business from me and my family. We love your establishment. My little girl always "pets" the otter statues. You guys rock.
1Ronald
9:33 am on Tuesday, August 14, 2012
To paraphrase, "this is (NOT) an isolated incident" and any thoughts of this are only wishful thinking. Trust me. Also, apologies don't cut it. What we need, what this city needs, is a change in policy. What I understand here is uniformed officers, plain clothes police, and those running around with faces covered carrying and assault weapons with extra clips. This tri-partite attack is what gets police shooting each other in all of the confusion. Just lucky this time. Expectations--first of all--is a need for police intervention, an intervention with uniformed officers, and all exits and sides covered to contain the occupants who are either targeted or involved by default. Then, everybody knows who's who and what's happening, whether they agree with it nor not. And, if they disagree and survive it, they can decide later how to prevent it from happening again, usually in a court of law. Or just plain staying home and living in fear. This ain't your momma's and daddy's Fredericksburg anymore. However, THIS can be changed. And it can be changed through your elected representatives on Council. THEY are the top tier and are the ones that can and will make the changes, hopefully before it's too late and innocent lives are lost.
Anne
1:26 pm on Tuesday, August 14, 2012
Well, I for one can't tell the difference between what the Police used as guns or rifles and an assault weapon. If I can't I will guess that most folks can't. I don't want to find fault with what the PD has done, but if the shoe fits... Yeah know!
The great thing is police are needed and wanted. We just don't like it when the occasional cop(s) strong arm youngsters without good cause. In this case, I am not sure I agree that the owners of this club were doing anything illegal. And I am not here to trash the FBPD. But sometimes we make folks angry when cops over react to nothing.