Unlawful search brings dismissal of drug case against Ahsahka man

The case against an Ahsahka man accused of trafficking methamphetamine and heroin has been dropped because of an unlawful search of his vehicle.

Jimmie W. Rogers, 52, initially was pulled over by Nez Perce County Sheriff’s Office deputies on Goldfinch Lane at Lindsay Creek Road in June for not having a front license plate.

In reports, deputies noted Rogers appeared “nervous” and took that as evidence of possible drug possession. The traffic stop was completed but Rogers was kept on scene until a drug-sniffing dog could respond. Rogers’ attorney, Rick Cuddihy, later successfully argued the wait for calling a dog to look for the presence of narcotics violated Rogers’ constitutional rights against unlawful search and seizure.

Cuddihy argued in his motion to suppress evidence that the U.S. Supreme Court has ruled that a dog sweep should not prolong a traffic stop if there is only evidence of a traffic infraction and no reasonable suspicion of drug possession. Deputies only began investigating drug activity after a dog responded and alerted on the car.

“The court determined that the critical question is not whether the dog sniff occurs before or after the officer issues a ticket, but whether conducting the sniff prolongs or adds time to the stop,” Cuddihy wrote. “Nervousness may not form the basis of reasonable suspicion.”

Rogers was held on scene for 20 minutes until a dog could be brought there. The dog alerted and 2.7 grams of heroin and about an ounce of methamphetamine were found inside the vehicle. Officers didn’t immediately seize the drugs in the vehicle, instead impounding the vehicle until a search warrant was granted several days later. Two small plastic bags containing the narcotics were found in a fast food bag located inside the vehicle.

The state noted the case should be dismissed in “the interests of justice.”

Prosecutor Justin Coleman did not return calls seeking comment.

“The only evidence supporting the issuance of the search warrant was the canine alert,” Cuddihy wrote. “The deputy deliberately delayed and unreasonably expanded his investigation on nothing more than a hunch.”

The deputy, who is not named in court records, wrote in his report that he recognized Rogers from a previous drug investigation in 2014. That case, involving misdemeanor possession of marijuana, also was dismissed.

The Nez Perce County Prosecutor’s Office filed an order to dismiss the case Dec. 21, about a month after Cuddihy’s motion to suppress evidence.

District Judge Jay Gaskill ordered the case be dropped Dec. 27. The trafficking charges each carried a mandatory minimum incarceration period of three years.

The $300 in cash seized from Rogers during his arrest as part of a drug forfeiture will be retained by the state. Drug forfeiture cases are a civil matter separate from criminal cases and do not require a conviction – or sometimes even an arrest – for the seizure of cash or property suspected as being used in drug distribution. The funds are then acquired by the state and used to investigate and prosecute other drug crimes.