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City man charged in burglary contests warrant

April 10, 2007|by ERIN JULIUS

HAGERSTOWN - A man charged with burglary in December 2006 after a Dagmar Hotel security guard noticed him carrying a cash register to his apartment was in Washington County Circuit Court on Monday for a suppression hearing.

Maurice Raymond Frock Jr., 52, was arrested in connection with a downtown burglary at Bentley's Bagels, 96 W. Washington St., on Dec. 24, 2006.

The shop's front door was damaged and the burglar took the cash register and cash, police said. At about the same time, a security guard at the Dagmar Hotel on Summit Avenue, a block away, saw a resident carrying a cash register, witnesses said in court Monday.

Police talked to Frock at his apartment, performed a search of his apartment to make sure no one else was there, then obtained a search and seizure warrant to search the apartment. During the second search, police found a cash register tray and cash, witnesses testified Monday in court.

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Frock was challenging the legitimacy of the search and seizure warrant.

Assistant Public Defender Loren Villa argued that police originally searched Frock's room on the pretext of looking for another person. An officer thought he saw the cash register tray during that search and included that information in the warrant. Police had no reason to search a suitcase if they were looking for a person, she said.

Washington County Circuit Judge M. Kenneth Long denied Frock's motion to suppress the information obtained through the warrant. Long ruled that the warrant contained enough probable cause, even without the officer's mention of the tray in the suitcase. Everything the officers saw was in plain view, and Frock had given them permission to search his room, Long ruled.

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