Judge tosses fake IDs
Rules they can't be evidence as there was no cause for search.
Wednesday, September 24, 2008
By SARAH CASSI
The Express-Times

EASTON | A Northampton County judge ruled a county detective didn't have probable cause to search an Easton man when he found fake identification cards in his possession.

Judge William Moran threw out the evidence Monday, including statements Gustavo Chombo-Duran made in the district attorney's office.

According to court papers:
Chombo-Duran mistakenly came to the office in December to take care of a drunken-driving charge. He failed three sobriety tests in October when he was pulled over on the 700 block of Wood Avenue.

County Detective Robert Miklich questioned Chombo-Duran and asked for identification.

Chombo-Duran said he was originally from Mexico but came to the United States through the California border, and denied having a Social Security card or an immigration card.

Miklich called U.S. Citizenship and Immigration Services, which had no record of Chombo-Duran.

Miklich then searched Chombo-Duran and looked in his wallet, where he found counterfeit Social Security and immigration cards.

Moran's decision was good news for defense attorney Phil Lauer, who failed previously to have the tampering charge dismissed.

"I don't think they have a case," defense attorney Phil Lauer said. "He did not attempt to use the cards."

Prosecutor Roy Manwaring did not immediately return a phone call about the judge's order.

If Chombo-Duran is convicted, he faces deportation, but it is unclear what would happen to Chombo-Duran if he is acquitted, Lauer said.

Chombo-Duran, of the 100 block of East Wilkes-Barre Street, was arrested in December and remains in Northampton County Prison, Lauer said.
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