Pubdate: Fri, 19 Jul 2002
Source: Times Record News (TX)
Copyright: 2002 The E.W. Scripps Co.
Contact:  http://www.trnonline.com/
Details: http://www.mapinc.org/media/995
Author: John T. Anderson

POT CHARGES DISMISSED

Two men who were charged and later pleaded guilty to hauling 1,300 pounds 
of marijuana had their cases dismissed Thursday.

U.S. District Judge Robert Dawson signed the order of dismissal after 
federal prosecutors of U.S. District Court in Fort Smith filed a motion to 
dismiss the indictment against Andrew Belcher and Garfield Walters, both of 
Maryland.

Belcher and Walters entered guilty pleas after being arrested at a weigh 
station in Crawford County on Feb. 8, 2001. Those pleas were conditioned on 
the outcome of the men's claim that they were the victim of an illegal 
search by Sgt. Tim Culver of the Arkansas Highway Police.

Dawson ruled the search legal. The 8th U.S. Circuit Court of Appeals 
overturned that ruling in May. Prosecutors sought a rehearing by the 
appeals court and were turned down.

Fort Smith attorney Shannon Blatt, who represented Walters, said the two 
could be released from a federal prison in Maryland today. She said she 
contacted the prison Thursday and federal agents would become involved in 
releasing the two men today. Belcher was represented by Little Rock 
attorney John Wesley Hall Jr.

"These guys are going to be released," Blatt said. "It is good to know 
there are proper procedures to follow and a defendant's rights are not 
violated. We can't have police officers violating citizens' constitutional 
rights by performing illegal searches."

The search began after Culver became suspicious of the two men's story 
about where they had last unloaded their tractor-trailer rig and called a 
drug dog on the scene. The dog "hit" on the truck, according to officers, 
and the drugs were found inside.

Attorneys representing the two stated the evidence was illegally found 
because the search came as a result of suspicions based on Culver's request 
to review the truck's bill of lading.

"The statute ... permits officers to ask for and inspect bills of lading 
only 'upon reasonable belief that any motor vehicle is being operated in 
violation' of Arkansas's regulations," the appeals court order stated. 
"(S)ergeant Culver had no legal justification for asking for bills of 
lading because he had no grounds for believing that the truck was not in 
compliance with Arkansas regulations. His request therefore violated the 
terms of the regulatory statute."
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