Pubdate: Tue, 10 Oct 2006
Source: Kingsport Times-News (TN)
Copyright: 2006 Kingsport Publishing Corporation
Contact: 
http://gotricities.net/domains/timesnews.net/lettertoEditor.dna?action=new
Website: http://www.timesnews.net/
Details: http://www.mapinc.org/media/1437
Author: Jeff Bobo

WRONG PLACE, RIGHT TIME: DRUG CHARGES DISMISSED DUE TO  JURISDICTION
SNAFU

ROGERSVILLE - The Third Judicial District Attorney  General's Office 
is investigating the possibility of  pursuing grand jury indictments 
against four people  whose cocaine and marijuana trafficking charges 
were  dismissed on a technicality last week.

Mount Carmel police received an anonymous tip March 8  which had 
originated in Sullivan County that a man was  being held hostage by 
one of the suspects. As a result  of the investigation, police 
tracked the suspect to 286  W. Ellis Lane, which is about 100 yards 
outside the  Mount Carmel town limits.

Upon arrival, police obtained consent to search the  mobile home from 
residents [Name redacted], 25;  [Name redacted], 19; and [Name 
redacted],  20. Also at the residence during the search was [Name 
redacted], 21, 1238-A Moreland Drive,  Kingsport.

Although Mount Carmel police found no one being held  captive, they 
allegedly found several marijuana plants  growing in a bedroom.

The Hawkins County Sheriff's Department's Narcotics  Unit was then 
called to the residence along with a K-9  unit from the Rogersville 
Police Department. As a  result of a search, police allegedly found 8 
ounces of  cocaine, a half ounce of marijuana, 100 40mg OxyContin 
pills, 100 80mg OxyContin pills, five small marijuana  plants, indoor 
growing equipment, a .380 automatic  pistol and $6,821 in cash.

All four were charged with two counts of possession of  Schedule II 
narcotics for resale, possession of  marijuana for resale, illegal 
possession of a weapon,  and possession of drug paraphernalia. The 
three males  were additionally charged with maintaining a dwelling 
where narcotics are sold.

On Oct. 2 the four suspects appeared in Hawkins County  Sessions 
Court for a preliminary hearing on the  charges. Judge David Brand 
ruled that the narcotics  allegedly seized from the residence were 
inadmissible  as evidence because the Mount Carmel Police Department 
was not within its jurisdiction when it made the  initial find and 
had no probable cause.

MCPD Chief Jeff Jackson said Monday he believes his  officers did the 
right thing investigating the  situation themselves rather than 
waiting for county  deputies to arrive on the scene.

"What we were told was they had a hostage duct taped in  the closet," 
Jackson said. "Sullivan County gave us a  name of a suspect, not an 
address, and at one time the  boy did live in our city, but when we 
got there we  found out he'd moved to a residence about 100 yards 
outside the city limits. It was one of those exigent  circumstances, 
and if somebody is being held prisoner  we needed to act now rather 
than waiting for the  sheriff's department to arrive.

"We didn't force our way in. We asked for permission to  come in, and 
the drugs were out in plain view."

Jackson said he believes his officers were protected by  a state 
statute which gives municipal police  departments jurisdiction within 
one mile of their town  limits as long as it doesn't enter into 
another  municipal jurisdiction.

Assistant Attorney General Doug Godbee said Monday  there is no 
double jeopardy attached to the dismissal  of the charges last week. 
He said he has the option of  presenting the charges to the Hawkins 
County grand  jury.

"The defense attorneys raised through a motion to  suppress the issue 
of whether the police officer was  outside his jurisdiction, or 
whether he had probable  cause and/or consent to enter the building 
and search,"  Godbee said. "We submit that he was within one mile of 
his jurisdiction, and there is a statute which gives  police 
authority to operate within one mile of his  jurisdiction. There's 
also a statute regarding exigent  circumstances which allows police 
to continue an  investigation outside their jurisdiction in an 
emergency, but the judge ruled there was not any  exigent 
circumstances and the officer was outside his  jurisdiction.

"The motion to suppress was granted, which meant the  evidence was 
not to be introduced at that hearing. But  since it was a preliminary 
hearing, the state still has  the right to look at the evidence and 
decide whether we  want to present the evidence to the grand jury."

If convicted, the cocaine trafficking charges alone  could result in 
prison time of eight to 12 years.
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