"Jake Vermiglio, Markus Kuhn, George Bryan and J.R. Sweezy charged with possession of marijuana and drug paraphernalia. Vermiglio, Kuhn and Sweezy faced a judge Tuesday. A hearing on Byran's charges was postponed to a later date.
Defense attorneys argued the arrests resulted from an illegal search. A Raleigh police officer working off-duty at the College Inn Apartments April 24 searched an apartment there after he smelled what he thought was marijuana, according to the search warrant in the case
Judge Keith Gregory ruled the officer's entry into the apartment was not lawful.
He said, "There was nothing to indicate tenants were aware of law enforcement" adding that police should have obtained a warrant to enter the residence."