Man charged with possession of methamphetamine files motion to suppress evidence – RIVER COUNTRY

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SIDNEY, Neb. – A Colorado man charged with possession of methamphetamine in Cheyenne County has filed a motion to exclude evidence for a possible trial.

Friday July 23, 2021, 1:36 p.m. CDT

Updated:

SIDNEY, Neb. – A Colorado man charged with possession of methamphetamine in Cheyenne County has filed a motion to exclude evidence for a possible trial.

James Smith, 60, of Fort Collins, Colo., Submitted documents claiming he was inappropriately arrested while driving and the officer had no probable cause, reasonable suspicion or warrant search to carry out the search.

According to court documents, Smith and his attorney claim that Smith’s Fourth, Fifth, Sixth and Fourteenth Amendments were violated during the stop and search that followed.

The motion asks that all evidence seized from Smith during and after the traffic stop be removed and excluded from use at trial.

According to the probable cause affidavit, police arrested Smith while driving on the Link 17J in Sidney. The officer who stopped him reported that Smith had crossed the center line, nearly hit a construction barrier and was accelerating.

Police performed a field sobriety test and a breathalyzer test on Smith. The breathalyzer came back with a reading of .000, but authorities say Smith showed many signs of weakening and was arrested.

Court documents say police found a bag containing 8 grams of methamphetamine in one of Smith’s pockets while searching him. Police said Smith admitted it was methamphetamine at the scene.

While booking at the Cheyenne County Jail, police found another bag containing more than 30 grams of methamphetamine in Smith’s coat, authorities said.

Smith is charged with criminal possession of methamphetamine over 28 grams and the offense of impaired driving. A hearing on Smith’s removal motion is scheduled for Wednesday.


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