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Motion says search of suspect in alleged Richmond mass shooting plot violated 4th Amendment

Posted at 9:52 PM, Sep 15, 2022
and last updated 2022-09-15 21:52:54-04

RICHMOND, Va. -- The lawyer for one of the men who Richmond's police chief said plotted a mass shooting on the Fourth of July at Dogwood Dell is now saying the police search of his client's home violated his Fourth Amendment rights.

In the motion, Julio Alvarado Dubon requests that the judge redact any evidence that was found.

It states that officers knocked on Dubon's door after the alleged tip on July 1 and asked if they could come in to talk. Dubon allowed them in and then an officer said that they were going to look around to make sure no one else was there.

Dubon protested, saying they needed a warrant but officers reiterated that they were just making sure no one else was in the home.

It was then the officers said they discovered firearms in Dubon's bedroom.

Dubon has been charged with one count of possession of a firearm by someone in the country unlawfully and has pled not guilty.

The motion said that there were no circumstances that justified officers searching the home without a warrant. Neither Dubon nor his alleged co-conspirator, Rolman Balcarcel-Bavagas, have been charged with anything related to the alleged plot.

This is a developing story, so anyone with more information can email newstips@wtvr.com to send a tip.

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