Valva's attorney John LoTurco told Patch the defense has asked to suppress all Nest video and audio, as well as physical items, recovered from the Valva home "based upon the warrantless search conducted by the Suffolk County Police Department. The fourth amendment of the United States Constitution prohibits 'unreasonable searches and seizures' without a search warrant and without a search warrant exception recognized by the law."
He added: "The police claim the exception was exigency or emergency, yet we contend the emergency had ended once the ambulance departed to go to the hospital and all police personnel had vacated the residence. The police later returned to the residence, without a warrant and searched the residence. . .they later contend they had consent to seize the Nest video cameras from Angela Pollina. According to Pollini's lawyer, she will testify at these hearings that no such consent took place."
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