BOSTON (AP) — The state’s highest court has ruled that a Cape Cod man convicted of drugging and sexually assaulting another man in 2010 is eligible for a new trial because police did not have a warrant to seize evidence from his home.
David Kaeppeler was sentenced to 20 years in prison in July 2013 after he was convicted of rape and drugging charges.
Authorities said Kaeppeler assaulted the man by drugging him with GHB, a date rape drug, at his home.
Police who went to Kaeppeler’s house seized two tequila bottles. One tested positive for the drug.
The state Supreme Judicial court ruled Wednesday that police didn’t have the right to take the bottles.
In a dissenting opinion, one justice said seizing the bottles was reasonable because there was an emergency underway.