While i am not a fan of illegal searches and seizures there HAS to be something that can be done about this fool. He ahs caused 3 barricade situations in the past three years and as soon as he gets his guns back you can bet he’ll do it again. I’m tired of being in lockdown because he wants to act stupid. LEGALLY find something on this guy and get him off the streets please!
“I feel like a human being again,” the Brunswick man said after winning his appeal of an October marijuana possession conviction in Frederick County District Court.
On Monday, Macalarney, 44, and his defense attorney were preparing to have the case retried before a Circuit Court jury.
But they didn’t have to.
During a hearing contesting the legality of a District Court search warrant that led to the collection of evidence, defense attorney Eric W. Schaffer persuaded Judge Theresa M. Adams to rule the warrant wasn’t proper because the application for it didn’t offer facts showing probable cause.
Adams’ ruling made the warrant invalid.
As a result, marijuana seized during the April 18 search of Macalarney’s residence was tossed out; and prosecutors decided not to pursue the case.
Schaffer, a lawyer for 17 years, was pleased with the ruling.
“This is the first time I’ve ever been involved in a case, either as defense or prosecution, where a judge set aside a warrant on the basis of no probable cause,” Schaffer said.
Macalarney, and his gun collection, are well-known to local law enforcement. No longer on probation, Macalarney will get his guns back.
Police have seized the guns — about 60, dating back to World War II and earlier — at least twice after barricade situations at his West Potomac Street house.
Police first converged on Macalarney’s home in September 2004 after he vowed to kill Jennifer Dougherty, Frederick’s mayor at the time.
After the drug charges against Macalarney were dropped Monday, Brunswick Police Lt. Milt Frech wished him well.
Macalarney shook Frech’s hand.