Pubdate: Tue, 10 Oct 2006 Source: Kingsport Times-News (TN) Copyright: 2006 Kingsport Publishing Corporation Contact: http://gotricities.net/domains/timesnews.net/lettertoEditor.dna?action=new Website: http://www.timesnews.net/ Details: http://www.mapinc.org/media/1437 Author: Jeff Bobo WRONG PLACE, RIGHT TIME: DRUG CHARGES DISMISSED DUE TO JURISDICTION SNAFU ROGERSVILLE - The Third Judicial District Attorney General's Office is investigating the possibility of pursuing grand jury indictments against four people whose cocaine and marijuana trafficking charges were dismissed on a technicality last week. Mount Carmel police received an anonymous tip March 8 which had originated in Sullivan County that a man was being held hostage by one of the suspects. As a result of the investigation, police tracked the suspect to 286 W. Ellis Lane, which is about 100 yards outside the Mount Carmel town limits. Upon arrival, police obtained consent to search the mobile home from residents [Name redacted], 25; [Name redacted], 19; and [Name redacted], 20. Also at the residence during the search was [Name redacted], 21, 1238-A Moreland Drive, Kingsport. Although Mount Carmel police found no one being held captive, they allegedly found several marijuana plants growing in a bedroom. The Hawkins County Sheriff's Department's Narcotics Unit was then called to the residence along with a K-9 unit from the Rogersville Police Department. As a result of a search, police allegedly found 8 ounces of cocaine, a half ounce of marijuana, 100 40mg OxyContin pills, 100 80mg OxyContin pills, five small marijuana plants, indoor growing equipment, a .380 automatic pistol and $6,821 in cash. All four were charged with two counts of possession of Schedule II narcotics for resale, possession of marijuana for resale, illegal possession of a weapon, and possession of drug paraphernalia. The three males were additionally charged with maintaining a dwelling where narcotics are sold. On Oct. 2 the four suspects appeared in Hawkins County Sessions Court for a preliminary hearing on the charges. Judge David Brand ruled that the narcotics allegedly seized from the residence were inadmissible as evidence because the Mount Carmel Police Department was not within its jurisdiction when it made the initial find and had no probable cause. MCPD Chief Jeff Jackson said Monday he believes his officers did the right thing investigating the situation themselves rather than waiting for county deputies to arrive on the scene. "What we were told was they had a hostage duct taped in the closet," Jackson said. "Sullivan County gave us a name of a suspect, not an address, and at one time the boy did live in our city, but when we got there we found out he'd moved to a residence about 100 yards outside the city limits. It was one of those exigent circumstances, and if somebody is being held prisoner we needed to act now rather than waiting for the sheriff's department to arrive. "We didn't force our way in. We asked for permission to come in, and the drugs were out in plain view." Jackson said he believes his officers were protected by a state statute which gives municipal police departments jurisdiction within one mile of their town limits as long as it doesn't enter into another municipal jurisdiction. Assistant Attorney General Doug Godbee said Monday there is no double jeopardy attached to the dismissal of the charges last week. He said he has the option of presenting the charges to the Hawkins County grand jury. "The defense attorneys raised through a motion to suppress the issue of whether the police officer was outside his jurisdiction, or whether he had probable cause and/or consent to enter the building and search," Godbee said. "We submit that he was within one mile of his jurisdiction, and there is a statute which gives police authority to operate within one mile of his jurisdiction. There's also a statute regarding exigent circumstances which allows police to continue an investigation outside their jurisdiction in an emergency, but the judge ruled there was not any exigent circumstances and the officer was outside his jurisdiction. "The motion to suppress was granted, which meant the evidence was not to be introduced at that hearing. But since it was a preliminary hearing, the state still has the right to look at the evidence and decide whether we want to present the evidence to the grand jury." If convicted, the cocaine trafficking charges alone could result in prison time of eight to 12 years. - --- MAP posted-by: Elaine