Defense argues legality of search and evidence logs in Bradley trial

WILMINGTON, NC (WWAY) — The detective who investigated the disappearance of Elisha Tucker took the stand again this morning in the James Bradley murder trial.

Bradley is charged with Tucker’s murder, but that trial will happen at a later date. Bradley is on trial for the murder of Shannon Rippy Van Newkirk. Tucker’s body was found while investigators were searching for Van Newkirk.

This morning in court, duct tape that was found on Tucker’s body was compared to duct tape found in Bradley’s apartment.

Bradley was in custody for the murder of  Van Newkirk when Det. Lamberty searched his apartment. Bradley’s landlord handed over a thumb drive and copies of paperwork consisting of personal stories Bradley had written. The defense objected to the paperwork. Lamberty says he submitted the paperwork for discovery and the prosecution showed the paperwork to the defense. The judge allowed the paperwork.

Next, they discussed Bradley’s truck.  It went to the CSI garage and then to the city lot where it was kept under lock and key. The defense asked for the jury to be removed to contest testimony about the search of Bradley’s truck because they believe it was unconstitutional.

The defense also questioned the detective about dates in his notes regarding video of Bradley in his truck. Lamberty says there was a “typo” on the search warrant. It’s also revealed the tape lifted from Bradley’s apartment and the truck were not included as seized property.

The defense then questions the timeline of inventory logged in. Wilmington police employee Mahamadou was handling evidence. The SBI investigated Mahamadou for not properly entering evidence.

The search of the truck took place 13 days after the warrant issued, but Lamberty said he believed he had the legal right to search the truck. He cited the *Carroll Doctrine, and said it gave him the authority to search vehicle.

The judge rules the April 28 search of the truck will not be in as evidence.

While the jury is still out, the defense continues questioning the timelines of logging evidence versus when the warrants were issued. CSI Mahamadou took the sample and it was not taken for analysis until May, 23 months later. Lamberty confirmed the evidence showed possible blood, but it still wasn’t sent off for analysis for almost two years.

The defense wanted Mahamadou evidence presented to the jury, but was denied.

We’ll have more tonight on WWAY News.

*The Carroll Doctrine allows law enforcement to search a vehicle without a warrant. It refers to a principle that permits a police officer to search an entire motor vehicle and any containers inside it if there is probable cause to believe the vehicle contains contraband or the fruits, instrumentalities or evidence of criminal activity. The name comes from the Supreme Court case Carroll v. United States.