Pubdate: Fri, 11 Apr 2014
Source: State, The (SC)
Copyright: 2014 The State
Author: Terez A. Paylor, The Kansas City Star


KANSAS CITY, MO. - An attorney for Chiefs receiver Dwayne Bowe filed a
motion Friday to suppress evidence related to Bowe's arrest in
November for allegedly speeding and possessing more than 10 grams of

Bowe was pulled over during a traffic stop on Nov. 10 in Riverside.
The motion contends the search of his vehicle and person was conducted
without a valid warrant, without probable cause and in an unreasonable
manner. It also contends Bowe's statements were obtained without
police reading him Miranda rights.

If a judge accepts the motion, the evidence in the case will be thrown
out, though the speeding charge could still stand.

Bowe, who has an April 16 court date, said during a radio interview in
January that he believed he was profiled during the traffic stop. But
on Friday, Bowe issued a statement to The Star through his attorney,
Kevin E.J. Regan, clarifying what happened that night.

"I don't believe I was racially profiled," Bowe said in the statement.
"I believe I was pulled over for speeding. I have seen the police
reports and videos given to my attorney in this case, and I want
people to know I was treated with courtesy and respect by the police.
I regret speeding in Riverside and have driven through Riverside many
times since Nov. 10 without a problem."

According to the police, Bowe was pulled over for traveling 48 mph in
a 35 mph zone. While speaking to Bowe, an officer detected what he
suspected was a strong marijuana odor coming from inside his car,
police said.

The motion contests that there was an indication of consumed marijuana
in the vehicle - "no roaches . . . no paraphernalia, lighters, matches
or other forms of combustion." The motion also says the marijuana that
was eventually found in the vehicle "was sealed in air-tight capsules"
in a closed bag, "therefore it would be physically impossible for a
human nose to detect any odor of smoked marijuana emanating from the

According to police, after Bowe and two passengers got out of the car
before a police dog checked for illegal substances, Bowe said "they
had smoked a little" marijuana while waiting at the airport.

The motion also disputes this, saying the occupants of the vehicle
repeatedly denied consuming marijuana. The police report states the
officer's audio system went down prior to the arrest, and the motion
says most of the encounter between Bowe and the officer is inaudible.

"Mr. Bowe vigorously disputes certain statements attributed to him
that are not on tape," the motion states. "It should further be noted
that his audio worked fine until the search of the vehicle."

The officer eventually arrested Bowe after finding a black bag
containing his wallet, driver's license and two containers of what the
officer suspected to be marijuana.

One of Bowe's passengers, George A. Thompson, said the bag belonged to
him, police said, and during a search of Thompson, police also found
two-hand rolled cigarettes, containing 2.2 grams of suspected marijuana.

The motion states that Thompson "has indicated under oath" that all
the marijuana found in the car is his and that Bowe had no knowledge
of its presence.

The motion also contends Bowe never gave consent to a search of his
vehicle, alleging that one of the officers tried to coerce him into
consenting to a search by telling him that the police dog on the scene
"was an aggressive 'scratcher."' The motion says Bowe still refused to
give consent, however, and argues that what followed was a warrantless
search that led to his arrest.

"Not only did the officer use coercive tactics in an attempt to
pressure Mr. Bowe into consenting to a search of his vehicle by
threatening to scratch up the interior of his car, the officer went
ahead and searched the vehicle without any consent of Mr. Bowe, and
without probable cause," the motion states.

Finally, the motion contends all statements Bowe made before he was
eventually read his Miranda rights and taken to jail should be suppressed.

Bowe, 29, signed a five-year, $56 million extension before last season
and has a cap number of $12 million this year. He caught 57 passes for
673 yards and five touchdowns in 2013, one of the worst statistical
seasons of his career, but has also vowed to report to camp in better

The Chiefs' offseason workouts begin on April 21 and are limited to
strength and conditioning and physical rehabilitation work only.
Organized team activities, or OTAs, begin on May 27 and last through
late June. 
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