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Appeal filed in drug case ruling

By JOHN FRANK
Published November 30, 2006

INVERNESS - Prosecutors filed an appeal Tuesday challenging a recent decision by County Judge Mark Yerman to throw out evidence in a misdemeanor drug case.

On Nov. 21, the judge tossed all evidence related to a traffic stop after defense attorney Michael Blackstone successfully argued that law officers unduly delayed the stop to allow a police dog to sniff out marijuana in the car, according to court documents.

Yerman approved a motion to suppress all evidence related to the traffic stop "due to the action of the Citrus County Sheriff's Office."

Court records indicate that the disputed stop was made by Deputy Robert "Adam" Ferguson at 2:15 a.m. March 24 on U.S. 19.

The deputy pulled over a 1984 Volvo because it had a broken tag light. The deputy was soon assisted by another and Kane, a drug-sniffing dog.

The dog reportedly alerted officers to the seams between the car doors, giving them probable cause to search the car.

Inside, officers found a multicolored pipe and a film canister of marijuana in a red purse on the front passenger side floorboard, a partially burnt marijuana cigarette in the ashtray and more marijuana in a tennis shoe in the trunk, reports state.

The passenger, Thomas Eugene Nelson, a 36-year-old Tallahassee resident, said the drugs belonged to him. He was arrested and charged with two misdemeanor counts of drug and paraphernalia possession.

Blackstone argued in court papers that Ferguson unnecessarily prolonged the stop by not writing the ticket quickly and questioning the driver and passenger so that the dog could arrive four minutes later.

Also, he said that his client was effectively taken into custody without being read his rights when deputies instructed the driver to put the keys on the roof.

The stop was "nothing more than an excuse for a fishing expedition in a citizen's vehicle when the citizen refuses to allow a search," Blackstone wrote.

Blackstone further argued that the dog was mishandled, because the deputy had asked the dog to find his toy, which caused the dog to bark during the search.

Assistant State Attorney Melvin Mosier wrote in a rebuttal court filing that the deputies did not delay the stop to infringe on the motorists, and the keys were placed on the roof as a safety precaution. Also, the toy used by the dog's handler is a normal part of the search preparations.

Mosier, who was not available for comment Wednesday, contends the search was lawful and the evidence admissible.

The state is asking a panel of circuit judges to review the ruling.

John Frank can be reached at jfrank@sptimes.com or 860-7312.

[Last modified November 29, 2006, 20:11:00]