The Lancaster drug lawyer defending Mr. William McFadden Jr., who was arrested on the charge of possession with an intent to deliver, won a motion to suppress evidence brought against him because of illegal search and seizure methods.
Mr. McFadden, 53, was stopped just before 11:00 a.m., on Monday, February 1, 2010, The stop was made because his white Chevy Malibu was following too closely to another car. The stop occurred near the Waverly Interchange on Interstate 80 in Lancaster County; a notorious road used by many drug traffickers.
The driver and sole occupant, New Jersey native William McFadden Jr. was given a warning, then asked consent to a search of the vehicle, for which he refused.
An NSP canine, since retired, was then summoned to the scene. The dog later smelled the odor of drugs coming from the rear of the vehicle. This led to a search and the eventual seizure of a whopping 75 lbs. marijuana, which was packed tightly in two duffel bags in the trunk of his car.
McFadden was then lodged in the Lancaster County Jail on a felony charge of Possession of Marijuana with Intent to Deliver.
During trial, McFadden’s Lancaster drug lawyer pressed the district judge, Karen Flowers, on the grounds that the Oklahoma State Patrol trooper didn’t have probable cause to search his vehicle because of incorrect protocol. The judge then concluded that the police dog that encircled the car didn’t sit and stare, as trained, to indicate the presence of drugs.
Because these evidence has now been suppressed, the state won’t be able to use the 75 pounds of marijuana in the case against William McFadden Jr.
At a hearing, Trooper Jason Prante testified that the drug sniffing dog Fango alerted, indicating that he smelled something of interest, and, even though he didn’t sit and stare, he did stand and stare, which is a recognized indicator.
But Flowers said that while Fango could have been trained to stand and stare, “the fact of the matter is that he was not,” and he never sat and stared in seven trips around the car.Categories: