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Attorney says SLO police did not do a “good faith” search

September 30, 2020

Jason Dickle and Chief Deanna Cantrell informing the council of Dickles promotion to sergeant shortly after the raid.

By KAREN VELIE

In a new court filing, the attorney for Cheyne Orndorff and Vanessa Bedroni is challenging a claim by police that they acted in good faith when they conducted a warrantless search of the couple’s home. That search led to child neglect charges.

Peter Depew argues that the failure of the police to obtain a warrant means the search and any evidence can not be used in the case. Officers searched the couple’s home as they tried to find a pistol that San Luis Obispo Police Chief Deanna Cantrel lost in the bathroom of a fast food restaurant.

The exclusionary rule, based on Supreme Court precedent, prevents the government from using any evidence obtained through violation of defendants’ constitutional rights, here the 4th Amendment protection against “unreasonable searches and seizures.”

Where police had reasonable good faith that they were conducting a proper search even without a warrant, case law allows evidence to be used in prosecutions. Depew argues that the officers did not have a good faith belief.

The officers who searched the couple’s home relied on their belief that Cheyne Orndoff was on probation because they found information in a database that listed him as a probationer. Probationers cannot prevent searches of their property.

But Cheyne Orndorff was not on probation. He was improperly listed as a convicted criminal who was on probation when he was, in fact, the victim of the crime. But the database included a correction of the database entry.

During a Sept. 24 hearing, county technical employees testified the law enforcement database included a tag noting Cheyne Orndoff was not on probation. Officer Josh Walsh viewed that database before telling officers at the scene they did not need a warrant.

Cheyne Orndoff pleaded with officers to look at court records he had in his car, which showed he was the victim of the crime, and not on probation. The officers refused to look.

Several officers made the observation that Orndorff did not look like a man in a surveillance video that police obtained from the restaurant. The video showed three people entered the bathroom after Cantrell exited. The man in the video was clean-shaven. Orndorff had a full beard and mustache.

In his filing, Depew argues the officers were not acting in good faith and were instead motivated by a desire to keep information private that Chief Cantrell had left her loaded firearm in a restaurant bathroom. Officers may not rely on the good faith exception if through their own fault, they failed to correct the record.

“State and federal case law upholds the principal that for the prosecution to prove a “good faith exception” to a warrantless search, the prosecution must prove the good faith of all officers involved as well as the good faith of their agencies,” according to Depew’s motion.

Police searched the home even though they did not have a warrant. They didn’t find the chief’s pistol but they did find needles and a small amount of an opioid in the parent’s locked bedroom. Officers also took a video of the paraphernalia and the filthy living conditions before arresting the parents on child neglect charges.

In his motion, Depew also says law enforcement has twice provided “false inculpatory laboratory evidence.”

After the SLO County District Attorney’s Office filed misdemeanor child neglect charges, SLO Police Detective Suzie Walsh ordered a urine test on a family member, which came back positive for methamphetamine leading prosecutors to file felony charges. But the sample was retested by a private lab and it tested drug free. The SLO Police Department said it may have mixed up urine samples.

An allegation that methamphetamine was found in the couple’s home, was later determined, by authorities, to have been a clerical error.

“Then on Sept. 18, just six days before the suppression hearing, Defense Counsel was given a report from the county’s crime lab stating that a baggy previously reported as containing methamphetamine did not contain methamphetamine,” according to the motion.

In another attempt to show methamphetamine possession, Detective Suzie Walsh reported officers saw what appeared to be a meth pipe in the home. It was not taken into evidence.

On Oct. 1, the court is scheduled to resume the hearing on the motion to suppress the evidence collected during the warrantless search.


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OH Suzie!! Liar Liar Pants on FIRE!

Hmmm IF the cops found a methpipe wouldnt they be waiving it in the air saying “Looky, Looky what I just found!” I mean, pics would have been posted in the Tribune!! She would have had that pipe as #1 evidence! So where is this methpipe? OR did MR. Walsh forget to bring it so he could plant it there? Somethings just don’t jive…

They were conviced already his Testoterone needles were for something other..so then dumped them on the floor to make it look as bad as possible. They NEED to make it look as Bad as can be, so they MAKE it bad. So Why in the world would she NOT pick up that pipe?

Just the fact that Cheyne had a beard and the guy who took the gun did not should have been enough for them to leave them alone.

ITs just shameful arrogance and Shameful that Cops Lie!


33

It is Officers like Jumpy Josh Walsh and Cantrell that the policing system needs to get rid of.


We can even forget about the lost gun, Cantrell did other coverups such as not releasing the bodycam video from when one of her chosen favorite Officers shot the dog on its own property, near the police station (Officer Walsh needlessly shot the dog.)


Why the coverup? Chief Cantrell publicly claims full transparency but then acted as a transparency roadblock for her officers when they did bad. The video still HAS NOT been released. Transparent? No.


We need the SLOPD to be managed like the Sheriff’s department. Notice how the Sheriff has much more responsibility (like the jail, multiple jurisdictions involved, larger area, etc.) but they are incredibly transparent and well managed? Put Parkinson in charge of SLOPD and he will have it running smoothly within months.


Good job Sheriff. Very transparent and responsible.


Bad job SLOPD. Covers up for its own.


16

This is a damned clown show, all of it.


36

Cynical me can’t help but wonder how this would be handled by these “leaders” if it had happened to a family of color.


10

With the backdrop of rioting in the streets over bad cops doing unspeakable acts against innocents, will the officers on the scene of this outrage step up and do the right thing and tell the truth about what really happened during this witch hunt!!

That should go for the DA’s office too!!!


37

Why would they not take a “meth pipe” into evidence? Deanna Cantrell, Christine Dietrich, Heidi Harmon, and the Walshes all acting in concert on the coverups (x???). And then all the meth they find turns out not to be meth? What was it? Powdered non-dairy creamer? Let’s have some truth.


32

Could it be the meth pipe would not have the right DNA on it. Maybe the same logic as to why the police often seem to forget to perform a field sobriety test, breathalyzer, blood or other proper tests when they encounter another officer compromised and in a vehicle.


22

“But the sample was retested by a private lab and it tested drug free. The SLO Police Department said it may have mixed up urine samples.

Then on Sept. 18, just six days before the suppression hearing, Defense Counsel was given a report from the county’s crime lab stating that a baggy previously reported as containing methamphetamine did not contain methamphetamine,”


Surprise, surprise. The City of Fairfield is already backtracking in response to, finally, local news reports. And Christine Dietrich is releasing video, to the sycophant Tribune only, and only for this case. Let’s see Josh Walsh shooting the dog.


50

Good Lord, what is up with this mess? Sounds like the casual and frequent charges of SLOPD departmental corruption posted here may be more than speculation, may be accurate.


Why is the Walsh name so often popping up? Why was the search conducted out of physical jurisdiction? Cantrell was enough of a disgrace but some other cops have made this family wealthy, on the taxpayer pocketbook. Just wait.


62

I won’t miss Chief Deanna Cantrell…


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