Court overturns Homestead man's sentence, says police should not have kicked in his front door
By The Tribune-Review
Published: Wednesday, Nov. 21, 2012, 3:36 p.m.
The state Superior Court on Wednesday reversed the sentence of a Homestead man because police did not have a good reason or a warrant when they kicked in his front door and found drugs and weapons inside.
Allegheny County Common Pleas Judge Kathleen A. Durkin sentenced Terrance Lamont Waddell, 29, to five to 10 years in prison and five years probation for drug and firearm offenses.
Police discovered 10 pounds of marijuana and several firearms when they entered his house on April 3, 2010.
Superior Court Judge John T. Bender wrote in the opinion that Homestead police Chief Jeffrey DeSimone “lacked any specific evidence that anyone inside the home was armed” when he entered the residence without a warrant and Waddell “did not present a situation where a warrantless entry was necessary to prevent or stop an immediate threat of violence.”
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.