Pubdate: Fri, 27 Sep 2002
Source: McAlester News-Capital & Democrat (OK)
Copyright: McAlester News-Capital & Democrat 2002
Contact: http://www.zwire.com/site/news.cfm?newsid=139068&BRD=1126
Website: http://www.mcalesternews.com
Details: http://www.mapinc.org/media/1892
Author: Kandra Branam

DRUG CASE TOSSED

A drug trafficking case based on methamphetamine found by probation 
officers at a client's home has been dismissed because the officers 
illegally seized the evidence, a judge has decided.

James A. Tipton had faced up to life in prison if convicted of trafficking 
more than 20 ounces of methamphetamine. The case was dismissed by Special 
Judge James Bland last week in Pittsburg County District Court.

Tipton was on probation due to a 1998 conviction in Oklahoma County for 
drug possession and distribution when the drugs were allegedly found by his 
probation officer on July 3 at his McAlester home. Three probation officers 
conducted a "walk-through" of Tipton's home based on a tip that he was 
operating a drug lab at his home, according to court records. Drugs were 
found when one of the officers opened a Hershey's chocolate container found 
in Tipton's bedroom dresser drawer.

Judge Bland found the officer acted outside the parameters of his job by 
opening a container during the "walk-through" of the home, making it an 
illegal search that violated Tipton's Fourth Amendment rights protecting 
him from unreasonable search and seizure.

According to a lab report from the Oklahoma State Bureau of Investigation, 
seven samples of powder seized by police tested positive for 
methamphetamine, and eight samples of liquid and powder tested positive for 
ephedrine or pseudoephedrine, both precursors to the drug. Because the 
drugs were illegally seized, however, they could not be admitted as 
evidence in the case.

Assistant District Attorney Richard Hull represented the state in the case.

The district attorney's office has appealed the ruling.
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