In a classic case of getting off on a technicality, four alleged meth dealers have had all charges dismissed by a judge. The charges accused the group of having and using methamphetamine in their hotel room at the Dakota Magic Casino and Hotel.
According to court documents, hotel security were alerted by hotel staff who reported that a light bulb in the room looked like it had been used to smoke meth. (Yes, the cleaning crew is looking!) The security personnel then contacted police who requested that the security staff inform them when the guests returned.
Eventually, police confronted the couple renting the room. This was after they used drug dogs to sniff cars thought to belong to the people in the room with negative results. Without probable cause, police were left having to convince the occupants to let them in for a search.
Documents show that under pressure from the five officers and hotel security, the wife allowed them in for, “a quick peek around.” Officers used this as permission to do a thorough search, including the couple’s luggage. Police also lied to intimidate the couple, saying they had already dusted the light bulb for fingerprints and that they already knew what was up.
After requesting the officers stop their search, they continued and found what they claimed was methamphetamine residue in a cigarette cellophane wrapper. Police did leave, but used what they had found out to get a warrant. They returned the next day and discovered 200 grams of meth in the room.
At issue was whether the original search was coerced. The district court found that, on appeal, the original search was the result of fear and intimidation. So, under the doctrine of “fruit of the poisoned tree” the second search was invalid, as was the warrant.
All parties were then released and the conspiracy charges were dropped.
