Thursday, February 25, 2010

Yet another Clay County Drug Bust

From the Clay Times Journal

Routine stop leads to bust

Thursday, February 25, 2010 3:00 PM EST
Recently, while on routine patrol, Clay County Sheriffs Deputy Sgt. Henry Lambert noticed a suspicious vehicle in the Millerville area.

Because of the suspicious nature of time, and the fact that Sgt. Lambert didn't recognize the vehicle, he stopped to check the vehicle out. After a brief interview with the occupant, Sgt. Lambert asked and received consent to search the vehicle.

During the search Sgt. Lambert found an unlicensed pistol, drug paraphernalia, alcohol, and marijuana.

The driver of the vehicle was arrested and charged with 1- carrying pistol without a permit, 2- violation of the prohibition law; 3- possession of drug paraphernalia; 4 - possession of marijuana 1st degree.

Arrested was Benjamin Jordan Powell, 36, of Alexander City, Alabama.
Mr. Powell was transported to the Clay County Jail and released to corrections staff for booking.

Except this wasn't a 'routine stop'. I refuse to believe that just because an officer does not recognize an automobile that he has grounds to make a stop. It would be near impossible for any cop to memorize all vehicles within a town....even a small one like Millerville. What happens when someone gets a new car or truck? Do they get stopped and searched? What about all the different people from various parts of the state driving through Millerville, which is located on Hwy. 9. Since when is it illegal for a cop to not recognize a vehicle? And why would that be illegal?

Any lawyer worth his/her salt ought to be able to get this case thrown out due to lack of probable cause. However, this is Clay County we are talking about.... home of The Rochester Clan and a place sorely lacking in competent legal minds.


sixstring said...

I agree, the cop did not have probable cuase to stop this vehicle. I hope this guy kept his mouth shut and got a good lawyer. He might have to appeal, but I beleive this is an illegal stop.

lucentabella said...

I know Mr. Powell, very well. The officer didn't pull this him over. He was already pulled off to give his friend (in another vehicle) directions. After about 5 minutes, or so, the officer pulled up and switched on his lights. Anyway, the officer had no reason to suspect anything and should have let him go on his way.