CITY OFFICIAL SAYS SEARCH FOR DRUGS WAS ILLEGAL

PINEVILLE, Mo. - The president of the Rogers (Ark.) Recreation Association,
a city policy-making board, will be in McDonald County Associate Circuit
Court next month to ask a judge to exclude evidence that the prosecutor
says points to the defendant's guilt on charges of possession of cocaine
and resisting arrest.

The hearing for Charles F. Hudson, 48, of Rogers, originally scheduled for
Monday, was delayed until July 1, according to McDonald County Prosecutor
Steve Geeding. At that hearing, the judge will hear a motion to suppress
evidence and will conduct a preliminary hearing to determine whether there
is sufficient evidence to order that a trial be held.

Geeding said Hudson was arrested May 17 for allegedly possessing cocaine
and resisting arrest.

According to a sworn statement by McDonald County sheriff's Deputy Michael
Hall, Hudson was stopped for failing to stop at a stop sign on U.S. Highway
71, south of Pineville.

According to Hall's statement, he "noticed that (Hudson) was nervous after
asking for his license."

Hall's statement said he asked Hudson if he had any drugs, weapons or
anything else illegal in the car.

"He stated no and he agreed to let me search the vehicle," Hall's statement
said. "I asked him to step out and patted him down for my safety. As I was
doing the pat-down search I felt something in his front shirt pocket."

Hall's statement said "in my experience, it felt like a plastic bag with
something in it."

Hudson, according to the statement, took the bag from his shirt pocket and
started to resist when Hall asked him what he had. Hall said he grabbed
Hudson's right hand, but Hudson kept trying to hide the bag.

Hall and another officer wrestled Hudson to the ground and handcuffed him,
according to Hall's statement. The officers said another bag in Hudson's
pants pocket contained a white powder that field-tested positive for cocaine.

Hudson was arrested and spent the night in the McDonald County Jail before
posting a $25,000 bond.

Hudson's attorney, Duane Cooper of Pineville, filed a motion last week to
suppress most of the evidence in the case, claiming that it was seized
unlawfully.

The motion said the search of Hudson's clothes and car was made without a
warrant and without his consent, that the arrest was not based on any
probable cause to believe a felony was committed, and that the search was
not "reasonably necessary for the safety of a police officer."

The motion also said Hudson was not apprised of his Miranda rights to
remain silent and have an attorney present for questioning.

It also said any statements Hudson made were not voluntary, and that he was
"subjected to mental and physical duress prior to and during interrogation."

Hudson declined to comment Tuesday when contacted by phone.

"I've been instructed by my attorney not to comment on the case," he said.

Cooper did not return a phone call seeking comment Tuesday.

In two editions of Arkansas newspapers, Hudson has proclaimed his
innocence. Quoted in the Benton County Daily Record, Hudson said he
believed he would be exonerated and that he did not see any point in
resigning as president of the Rogers Recreation Association.

"People are going to believe what they read the first time, not the second
time," Hudson told the Daily Record. "Those people that know me in Rogers
will know that this is a mistake."

According to a city Web site, the Rogers Recreation Association "is in
charge of determining how athletic leagues, both youth and adult, will be
run in terms of policy and procedure."

Other members of the board told The Northwest Arkansas Morning News that
Hudson met with them last week and told them he was not guilty of the charges.