On Aug. 3, a defense attorney requested a hearing to suppress evidence he said was improperly obtained.
Shawn Tolbert, also known as Shawn Tobart, is charged with unlawful possession of a firearm with a prior conviction. On May 12, an officer from the Metropolitan Police Department (MPD) found handguns during a search of the defendant’s apartment..
“The search that ultimately found a firearm was, on a number of levels, illegal,” said defense attorney Daniel Kolver.
Judge John Campbell said, per court rules, the matter would have to be heard by Judge Julie Becker, the calendar judge. He scheduled a status hearing with Judge Becker for Aug. 28.
According to court documents, MPD responded to a report of shots fired near a residence in the 3500 block of 6th Street, SE. When they arrived at the scene, they found multiple shell casings in the grass.
The MPD arrested Tolbert for attempting to cross a police line on the scene, despite a prior warning not to.
Tolbert’s wife initially consented to the apartment being searched, but changed her mind. Officers waited outside of her door and said they would apply for a search warrant.
According to court documents, after the defendant’s wife invited officers inside of the residence, she left to retrieve a computer from the other room.
During her absence, the officer spotted a handgun in plain view. He then proceeded to search the rest of the apartment and found three additional handguns.
