Pubdate: Tue, 16 May 2006
Source: Muskogee Daily Phoenix (OK)
Copyright: 2006 Muskogee Daily Phoenix
Contact: http://www.muskogeephoenix.com/customerservice/contactus.html
Website: http://www.muskogeephoenix.com/
Details: http://www.mapinc.org/media/3319
Author:  D.E. Smoot, Phoenix Staff Writer
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

DA APPEALS JUDGE'S DISMISSAL OF DRUG TRAFFICKING CHARGES

The district attorney's office appealed a judge's ruling that 
dismissed drug trafficking charges against a man and woman arrested 
after 44 grams of methamphetamine were found at the couple's home.

Cherokee County Associate District Judge Mark Dobbins ruled Friday 
the affidavit submitted with the search-warrant application failed to 
establish probable cause that drugs would be found at the home of 
Frank Deckard Sr., 46, and Linda Wilson, 41.

Deckard and Wilson were arrested in March after Cherokee County 
Sheriff's deputies raided Deckard's Eldon-area home.

If Dobbins' ruling is upheld on appeal, evidence seized by law 
enforcers would be excluded and prosecutors would have no case 
against the pair.

Assistant District Attorney Donovan Dobbs said Dobbins ruled the 
investigating officer acted with reckless disregard when he filed the 
probable cause affidavit, the substance of which was based upon 
information provided by a confidential informant.

Dobbs, however, said he believes Sheriff's Deputy Casey Baker worked 
within the scope of the law to obtain the search warrant, which 
yielded an ounce and a half of methamphetamine, about $7,400 in cash 
and some weapons.

Dobbins' ruling essentially attacked authorities' inability during a 
preliminary hearing to prove the reliability of the confidential 
informant authorities used to allegedly buy drugs from Deckard before 
securing a search warrant for the man's home.

Dobbs said his appeal should be heard within 20 days by a district 
court judge appointed from outside Cherokee County.

If Dobbins' ruling is affirmed, Dobbs said he will take his appeal to 
the Court of Criminal Appeals.
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