Print
E-mail
Comment
Rate
Court News – Probable cause in controlled substance case
By GARY HENRY
Staff Writer
A routine traffic stop turned into a felony arrest for controlled substance.
James B. McCurdy, 52, of Grayling, Mich., appeared in Edgar County Circuit Court May 1, 2008, for a preliminary hearing on a Class 4 felony possession of controlled substance charge. He is also charged with a Class A misdemeanor of possession of drug paraphernalia and a Class B misdemeanor of possessing more than 2.5 grams but less than 10 grams of cannabis.
McCurdy was accompanied by defense counsel Bruce Baber. The state was represented by Assistant State’s Attorney Allen Bell Jr.
Officer Chris Gill, of the Paris Police Department, testified he soon realized more was involved than a traffic violation when he stopped McCurdy on April 12.
“I smelled a strong odor of cannabis coming from inside the vehicle,” said Gill.
The officer said McCurdy admitted to using cannabis earlier in the day and consented to a vehicle search. Police found partially smoked marijuana cigarettes in the car.
According to Gill, the defendant informed police he had more cannabis at the Paris residence where he was staying.
Gill also testified that McCurdy granted verbal permission for a search of his bedroom and described the location where the contraband was hidden.
Accompanied by two officers, Gill went to the location indicated by McCurdy and the homeowner consented to a search.
“In addition to the cannabis, we found a film canister with Flexeril,” said Gill.
Flexeril is a pain medication and muscle relaxant available only by prescription.
Baber’s cross-examination went to issues of probable cause and the legality of the search.
The defense wanted to know what steps officers took when McCurdy asked for a lawyer during interrogation.
“I don’t recall him ever asking for an attorney,” said Gill.
Gill confirmed that McCurdy was questioned at the Edgar County Jail where recording equipment is available but neither an audio nor a video recording was made of the interview.
“I didn’t know how to work it,” Gill said of the electronic devices.
Judge David W. Lewis found enough evidence exists in the case to believe a felony crime was committed and that McCurdy was likely involved.
Baber entered a not guilty plea with a jury trial request on McCurdy’s behalf and the case was continued for a pretrial conference.
James B. McCurdy, 52, of Grayling, Mich., appeared in Edgar County Circuit Court May 1, 2008, for a preliminary hearing on a Class 4 felony possession of controlled substance charge. He is also charged with a Class A misdemeanor of possession of drug paraphernalia and a Class B misdemeanor of possessing more than 2.5 grams but less than 10 grams of cannabis.
McCurdy was accompanied by defense counsel Bruce Baber. The state was represented by Assistant State’s Attorney Allen Bell Jr.
Officer Chris Gill, of the Paris Police Department, testified he soon realized more was involved than a traffic violation when he stopped McCurdy on April 12.
“I smelled a strong odor of cannabis coming from inside the vehicle,” said Gill.
The officer said McCurdy admitted to using cannabis earlier in the day and consented to a vehicle search. Police found partially smoked marijuana cigarettes in the car.
According to Gill, the defendant informed police he had more cannabis at the Paris residence where he was staying.
Gill also testified that McCurdy granted verbal permission for a search of his bedroom and described the location where the contraband was hidden.
Accompanied by two officers, Gill went to the location indicated by McCurdy and the homeowner consented to a search.
“In addition to the cannabis, we found a film canister with Flexeril,” said Gill.
Flexeril is a pain medication and muscle relaxant available only by prescription.
Baber’s cross-examination went to issues of probable cause and the legality of the search.
The defense wanted to know what steps officers took when McCurdy asked for a lawyer during interrogation.
“I don’t recall him ever asking for an attorney,” said Gill.
Gill confirmed that McCurdy was questioned at the Edgar County Jail where recording equipment is available but neither an audio nor a video recording was made of the interview.
“I didn’t know how to work it,” Gill said of the electronic devices.
Judge David W. Lewis found enough evidence exists in the case to believe a felony crime was committed and that McCurdy was likely involved.
Baber entered a not guilty plea with a jury trial request on McCurdy’s behalf and the case was continued for a pretrial conference.
 |
 |
|
| Court News – Wardell sent to prison as sex offender | Court News – April felony pretrials |
Article Rating
Reader Comments
The following are comments from the readers. In no way do they represent the view of parisbeacon.com.
Bill wrote on May 11, 2008 12:09 PM: