Judge Tosses Out Evidence In Drug Case Charges Dropped; Postal Worker Used False Information To Get Warrant

FOR THE RECORD: (March 7, 1995): A story in Friday’s paper had the wrong name on the second reference of a man involved in a federal drug case. Charges were dismissed against Jamie Logwood. James Logwood, the defendant’s father, was not involved in the case.

A federal judge tossed out evidence in a Spokane drug case after ruling that a postal inspector used false information to get a search warrant.

Without the evidence, federal prosecutors were forced to dismiss drug charges against Jerrell Logwood and his brother, Jamie Logwood, both of Spokane.

They were scheduled to stand trial this week in U.S. District Court in Spokane.

Defense attorney Bevan Maxey and federal defender Gerald Smith jointly brought motions to suppress evidence obtained against the Logwood brothers.

The defense attorneys argued successfully that postal inspector Mike Erdahl lied when he claimed there were traces of cocaine powder on a package intercepted in the U.S. mail.

“It’s a credit to the judiciary for a judge to have the courage to make these kind of findings,” Maxey said Thursday.

The case developed a year ago when police and postal inspectors were alerted to two express mail parcels sent to 2722 W. Garland.

Inspectors issued a “mail watch” for other parcels on the belief that the initial packages met a “drug parcel” profile, court documents say.

On Aug. 31, another parcel sent to the same address in north Spokane was intercepted by postal inspectors who suspected it might contain drugs.

In an affidavit for a federal search warrant, Erdahl said a “white powdery substance, consistent with the appearance of cocaine, is leaking from the parcel.”

With that information, U.S. District Judge Justin Quackenbush issued a search warrant that allowed postal inspectors to open the package.

Inside, they found a shoe box containing a plush green toy frog, which had loose stitching on its seam.

After removing the stitches, authorities found a plastic wrapper containing four small plastic bags containing 138 grams of rock-like cocaine base.

They resealed the package, secretly including an electronic transmitter, before delivering it to the address while police maintained surveillance.

Postal inspectors and Spokane police later got search warrants for the home on West Garland and three vehicles.

Police then arrested Jerrell and James Logwood and later obtained another warrant to search Jerrell Logwood’s apartment at 7006 N. Colton. No additional drugs were found in the searches.

At a hearing Feb. 3, Judge Fred Van Sickle listened to testimony from the postal inspector and examined photos and the actual parcel.

The judge held that there was “no reason to believe that any white powder actually escaped from the parcel.”

The judge said he concluded that there were no traces of cocaine powder visible on the plastic wrap, the toy frog or inside the shoe box.

The only things on the exterior of the parcel were light scratches, the judge said. Erdahl testified he made no effort to determine whether any white powder actually was leaking from the package.

Van Sickle said there is a significant difference between mere suspicion and the level of probable cause needed for a search warrant.

“The court concludes that this (initial) information is false and was recklessly included in the affidavit” for the search warrant, the judge wrote in his ruling.