Previous Story
Court mulls over admission of drugs evidence
|
Posted on Mar 19 2001
Presiding Superior Court Judge Edward Manibusan has taken under advisement a defense motion to suppress evidence collected from an acupuncture clinic which authorities had found carrying illegal substances.
Defendant Xia Fu Gang through his counsel has motioned the court to throw out the evidence, arguing that a search warrant should have been obtained by the Department of Public Health prior to conducting the broad inspection last year.
When DPH’s Bureau of Environment Health searched the Chinese Acupuncture Clinic in May last year, inspectors found several items, including illegal drugs bottled in vitamin bottles, medical devices, and medical records showing treatment. These items were seized for evidence.
The government contended a warrant to search the clinic was not required since BEH inspectors conducted the evaluation during the establishment’s regular hours pursuant to laws that regulate the sale and importation of food and drugs in the Commonwealth.
According to government prosecutor Marvin J. Williams, the purpose of the inspection was to protect the public from potentially harmful substances such as imported foods, pharmaceuticals, and cosmetics in compliance of Public Law 11-40.
The prosecution further underscored the inspection was not a search and therefore required no warrant.
The defense panel, however, the statutes used as the basis for the inspection and seizure of the said substances are broad and unconstitutionally, which allows designated authorities to strike anywhere in terms of conducting their inspections.
The defendant’s lawyer added authorities in this particular case went beyond what has been written in the constitution when they proceeded to search and seize the items, all the while aware that the clinic has allegedly been engaging in an illegal operation.
Judge Manibusan is reviewing the contents of PL 11-40 and is set to come out a decision with regard to the defense’s motion to suppress evidence. (MM)
