Adam Kelly, the man who has been charged with the killing of local singer Jarrod Bramson, is arguing that his Miranda rights were violated in a search of his property. His defense attorney, Richard Davies, filed a motion in July asking the court to suppress all evidence discovered in the case as a result of the illegal seizure of Kelly’s property, a warrantless “protective sweep” of his home, and a violation of his Miranda rights. In the motion, Davies argues that law enforcement officers seized Kelly’s home, cars, phones and keys without probable cause and did a “protective sweep” of his home without a warrant from a judge. He also argues that law enforcement asked Kelly questions despite the fact that he had asked for an attorney, therefore violating his Miranda rights. According to Sheriff Joe Nole, a “protective sweep” occurs when law enforcement officers enter a home without a warrant to ensure that there are no more victims or people in danger inside. “As a detective, if you already have one dead body in a case, how do you know there aren’t more victims inside?” Nole said. “The only reason we would enter a home without a warrant is if there is the possibility that someone could be in danger. It’s to make sure the house is safe and there are not other victims inside.” In September, the state’s prosecuting office filed a response to the motion. “The officers acted properly in sweeping the residence in order to preserve evidence,” wrote deputy prosecutor Chris Ashcraft. “There was probable cause to search for evidence of controlled substance homicide even without the evidence Kelly seeks to suppress, therefore his motion should be denied.” The response states that because Kelly was not yet in custody when he was speaking with police, his Miranda rights were not violated. A judge will make a decision on whether or not the motion stands during a hearing Oct. 17. Meanwhile, Kelly’s trial is set for Dec. 16-19 and Dec. 23-24. He has been charged with a controlled substance homicide after he allegedly provided drugs to Bramson and then left him in a car in the parking lot of Jefferson Healthcare while Bramson was having an overdose.