WRONG PLACE, RIGHT TIME: DRUG CHARGES DISMISSED DUE TO JURISDICTION
SNAFU

ROGERSVILLE - The Third Judicial District Attorney General's Office
is investigating the possibility of pursuing grand jury indictments
against four people whose cocaine and marijuana trafficking charges
were dismissed on a technicality last week.

Mount Carmel police received an anonymous tip March 8 which had
originated in Sullivan County that a man was being held hostage by
one of the suspects. As a result of the investigation, police
tracked the suspect to 286 W. Ellis Lane, which is about 100 yards
outside the Mount Carmel town limits.

Upon arrival, police obtained consent to search the mobile home from
residents [Name redacted], 25; [Name redacted], 19; and [Name
redacted], 20. Also at the residence during the search was [Name
redacted], 21, 1238-A Moreland Drive, Kingsport.

Although Mount Carmel police found no one being held captive, they
allegedly found several marijuana plants growing in a bedroom.

The Hawkins County Sheriff's Department's Narcotics Unit was then
called to the residence along with a K-9 unit from the Rogersville
Police Department. As a result of a search, police allegedly found 8
ounces of cocaine, a half ounce of marijuana, 100 40mg OxyContin
pills, 100 80mg OxyContin pills, five small marijuana plants, indoor
growing equipment, a .380 automatic pistol and $6,821 in cash.

All four were charged with two counts of possession of Schedule II
narcotics for resale, possession of marijuana for resale, illegal
possession of a weapon, and possession of drug paraphernalia. The
three males were additionally charged with maintaining a dwelling
where narcotics are sold.

On Oct. 2 the four suspects appeared in Hawkins County Sessions
Court for a preliminary hearing on the charges. Judge David Brand
ruled that the narcotics allegedly seized from the residence were
inadmissible as evidence because the Mount Carmel Police Department
was not within its jurisdiction when it made the initial find and
had no probable cause.

MCPD Chief Jeff Jackson said Monday he believes his officers did the
right thing investigating the situation themselves rather than
waiting for county deputies to arrive on the scene.

"What we were told was they had a hostage duct taped in the closet,"
Jackson said. "Sullivan County gave us a name of a suspect, not an
address, and at one time the boy did live in our city, but when we
got there we found out he'd moved to a residence about 100 yards
outside the city limits. It was one of those exigent circumstances,
and if somebody is being held prisoner we needed to act now rather
than waiting for the sheriff's department to arrive.

"We didn't force our way in. We asked for permission to come in, and
the drugs were out in plain view."

Jackson said he believes his officers were protected by a state
statute which gives municipal police departments jurisdiction within
one mile of their town limits as long as it doesn't enter into
another municipal jurisdiction.

Assistant Attorney General Doug Godbee said Monday there is no
double jeopardy attached to the dismissal of the charges last week.
He said he has the option of presenting the charges to the Hawkins
County grand jury.

"The defense attorneys raised through a motion to suppress the issue
of whether the police officer was outside his jurisdiction, or
whether he had probable cause and/or consent to enter the building
and search," Godbee said. "We submit that he was within one mile of
his jurisdiction, and there is a statute which gives police
authority to operate within one mile of his jurisdiction. There's
also a statute regarding exigent circumstances which allows police
to continue an investigation outside their jurisdiction in an
emergency, but the judge ruled there was not any exigent
circumstances and the officer was outside his jurisdiction.

"The motion to suppress was granted, which meant the evidence was
not to be introduced at that hearing. But since it was a preliminary
hearing, the state still has the right to look at the evidence and
decide whether we want to present the evidence to the grand jury."

If convicted, the cocaine trafficking charges alone could result in
prison time of eight to 12 years.