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‘SEIZED DRUGS FRUIT OF POISONOUS TREE’

American caught with P50M shabu, gov’t vehicle wants case vs him dropped

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Drug suspect Brian Hill arrives at the Department of Justice wearing a mask. Beside him is the government-owned Mitsubishi Pajero where police agents said they found several kilos of shabu. NIÑO JESUS ORBETA

An American disc jockey who was arrested after a raid on his house led to the seizure of P50 million worth of methamphetamine hydrochloride, or “shabu,” on Monday sought the dismissal of the charges against him, saying the confiscated drugs were “the fruit of the poisonous tree.”

In his counter-affidavit submitted to prosecutors at the Department of Justice conducting a preliminary hearing of his case, Brian Hill denied all the charges against him, particularly the police’s claim that he sold them drugs during a meeting at his upscale condominium unit at 9 p.m. on November 7.

According to him, this was not possible because at the time, he was having dinner with relatives to celebrate his birthday.

Following the test buy, agents of the Philippine National Police Anti-Illegal Drugs Special Operations Task Force (AIDSTF) applied for and got a search warrant from a Quezon City judge on November 12.

On November 20, they raided Hill’s condominium in The Columns Tower 2 at the corner of Ayala Avenue and Malugay Street in Makati City. They found a kilo of shabu in his unit plus nine more in a Mitsubishi Pajero, which sported a government license plate (SEP 825), resulting in his arrest.

“Simply stated, the absence of an actual test-buy destroys the very basis and foundation for which the search warrant was issued. Therefore, all the seized items should be considered fruit of the poisonous

tree and my arrest and detention is consequently illegal,” the 33-year-old American said.

Under the fruit of the poisonous tree doctrine, evidence obtained from an illegal arrest, unreasonable search or coercive interrogation must be excluded from trial.

Hill also denied that he owned the drugs that were allegedly found in his unit or the Pajero from which AIDSOTF agents recovered nine kilos of shabu.

Hill’s lawyer, Raymond Palad, said that given the circumstances, it looked like the police antidrug agents had the “wrong target” because his client was not the “alias Phil” they were looking for.

He added that even if the police were to test the Pajero for fingerprints and DNA, they would not be able to find anything that would point to his client.

Palad also wondered why the police waited until November 20 to search for such a big amount of drugs when they already had a search warrant on November 12.

“They got the wrong target. They are targeting a certain Phil which is a different personality from Brian,” he claimed.


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Tags: Brian Hill , drug case , Illegal drugs , Philippines , US


  • Luthmar

    Ohhhhh nooooo.   Not again!  Set him free because of technicalities?  Did the lawyer say “wrong target.?  Does this so called Phil live in the same condominium as Brian Hill?

    • charlie_oscar

      The condo has a directory of names in the lobby and during Ondoy, it was flooded…so the name > B. Hill was soaked in water and now it says P. Hill    >>>hence PHIL ! 

  • KonsensyaNgBayan

    Mga kababayan tila makakalaya na nanaman ang isang aso ni Mikey Arroyo. Huli na! palulusutin pa!!..PDEA at DOJ Lawyers sampolan ninyo ang isang banyagang ito upang maging aral at leksiyon sa iba pang Drug Courier at Pushers.

  • http://pulse.yahoo.com/_H47CPJUE4QYKFUCKSUXK3LNBGI Allan

    i-salvage na lang kaya? sigurado yan, mang-aagaw ng baril ng police-guard?

  • http://pulse.yahoo.com/_H47CPJUE4QYKFUCKSUXK3LNBGI Allan

    kahit na ako, gusto ko i-drop ang mga kaso laban sa akin kung mayroon. ang hindi alam ng kano, hindi exact copy ng american law ang batas ng pilipinas. he’s in for a big surprise! simulan mo nang magpadala ng feelers kung magkano aabutin ang kaso mo. sayang lang ang gastos mo sa abogado.

  • M C

    I dont know if the guy was inside his unit at The Columns during the supposed raid. If he is not there, the security of the condominium should not have allowed people to go inside the place.  Now, people will start shying away from buying or renting units at The Columns since they would feel that security there is so lax that anyone can bring a “doctored” warrant and start ransacking any unit. Did the security at The Columns call up the DOJ to verify the authenticity or due issuance of the warrant? In the course of verification of the “warrant”, were they shown a document from the Court attesting to the veracity of the warrant? That should have been the first thing the management of The Columns should have done. Anyone can secure a piece of paper, call it a “warrant” and since most security people don’t know any better, they will allow anyone in without even verifying the individual identity of the guys supposedly claiming to be “authorities”. Is the guy really from the PDEA? This should serve as a lesson for Ayala Property Management. This is basically a case of a “shakedown” and a try for “pogi points” at the expense of truth and justice.  We can not serve the cause of justice by cutting corners just for credit grab and justification for bigger budgetary outlay.

  • $14334231

    and the SUV?…what happened to it?….

  • charlie_oscar

    Alabang Boys…Now it’s Ayala Boys…What about blood test/urine test for shabu?

  • Bengatibo

    Already caught in the act, he should be shot by firing squad. Sa ibang basa, firing squad, sa pina areglo ang ginagawa. ang Nakikinabang ang drug lords ang nahihirapan ang taong bayan. Salot sa lipunan ang droga!!!

  • Bengatibo

    They should catch the druglords na may kinalaman diyan. Pusher or courier lang ang nahuli nila. 



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