YOUNGSTOWN, Ohio (WKBN) — Attorneys for the Boardman teen accused in federal court of threatening federal law enforcement officers is asking that all evidence seized in the case be thrown out because police did not have permission to search the home of the teen’s father.
J. Gerald Ingram filed a motion to suppress Friday in the U.S. Northern District Court Of Ohio for Justin Olsen, 18, of Boardman, who was indicted August 21 on counts of interstate communication threat and threatening to assault a federal law enforcement officer.
Olsen could face a total of 15 years in prison if convicted. He pleaded not guilty at his arraignment.
Olsen was arrested Aug. 7 after police served a search warrant at the homes of his mother and father while investigating posts they said he made about mass shootings and shooting federal law enforcement officers.
The case has been assigned to Judge Solomon Oliver Jr. A hearing date has not been set yet.
Olsen’s father claims the weapons are his because he is a competitive shooter, and they are locked in a safe for which his son does not have access.
In his motion, Ingram writes that police first went to the home of Olsen’s mother and when he was not there, they went to his father’s where they found him and took him into custody.
Olsen gave police permission to search his room and his car, but Eric Olsen refused to give police permission to search the rest of his home, Ingram wrote.
Inside, police found several boxes of ammunition and a handgun in the living room and decided to do a “protective sweep” and found more ammunition and the gun safe.
The safe had a camera mounted on it and an alarm which would alert Eric Olsen if anyone tried to get inside it. Video from the camera showed officers laughing and joking about the amount of ordnance they found, and they never appeared to be threatened in any way, Ingram wrote.
Eric Olsen came home and opened the safe for officers, Ingram write.
Ingram said the search violated his client’s Fourth Amendment rights against illegal search and seizure because there was no one in the home and the sweep was not necessary.
Ingram also wrote that one of the officers in Eric Olsen’s bedroom noticed the camera on his gun safe sand turned it off. Of the video that was leftover, Ingram said the officers did not seem to be in any danger and were laughing and “chitchatting” with each other.
There is no evidence that there was any kind of dangerous situation that would allow officers to search the home without a warrant and because of that all evidence seized must be excluded from trial, Ingram wrote.