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US OK: Bad Stop No Conviction - Rave.ca
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News (Media Awareness Project) - US OK: Bad Stop No Conviction
Title:US OK: Bad Stop No Conviction
Published On:2005-12-03
Source:Tahlequah Daily Press (OK)
Fetched On:2008-01-14 22:18:49
BAD STOP; NO CONVICTION

A bad traffic stop in June has led to the dismissal of drug
trafficking charges against a local man.

Special District Judge Sandy Crosslin, on Tuesday, granted a defense
motion to suppress evidence gained in the case against Antonio Jerome
Parker, 27. Jim Cosby, Parker's attorney, argued that District
Attorney Investigator Clint Johnson stopped Parker June 9 in an
unmarked vehicle and was not wearing an official uniform.

Cosby cited state law that requires traffic stops to be made in
marked vehicles by someone wearing a uniform. His motion states the
law was written because of imposters posing as officers, and that
Tahlequah police, Cherokee County sheriff's deputies, Oklahoma
Highway Patrol troopers and others were available to make the stop
for Johnson, who testified at a hearing that he stopped Parker for speeding.

Cosby said, in records filed in the case, that Parker never received
a speeding ticket.

Court documents state Johnson received information that Parker was
involved in the sale of illegal drugs and was on his way to Parker's
home when the traffic stop was made. Johnson used information
obtained during the stop to get a search warrant for Parker's home.

Parker was charged with trafficking in controlled drug, possession of
marijuana with intent to distribute, and possession of paraphernalia.

After considering Cosby's argument, Crosslin dismissed the charges
with prejudice, which means they cannot be refiled. Records show the
state objected to the ruling.
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