FAULTY ARREST MEANS MAN MAY GO FREE IN DRUGS-BY-MAIL CASE

The criminal case against an Athens man accused of possessing more than 21
pounds of marijuana in his home was put in jeopardy last Thursday when
questions about how the man was arrested were raised in a court hearing.

According to sheriff's reports, Keith Hineerliter was arrested at his West
Wilson Road residence in Athens County on Jan. 17 after law enforcement
officers were alerted to a package filled with marijuana that was set to be
delivered to Hineerliter's home. Athens County Sheriff's deputies and
Athens Police officers delivered the package to Hineerliter's home, and
then searched his home and arrested him 20 minutes after the delivery.

During a hearing in the Athens County Municipal Court on Thursday, defense
attorney Patrick McGee raised questions about the validity of the arrest.

Lt. Pat Kelly of the sheriff's office explained during the hearing how the
officers were alerted by Federal Express that a suspicious package had
arrived at the company's shipping center in Parkersburg, W.Va.

Drug-sniffing dogs detected the smell of marijuana in the package, Kelly
explained. The Athens County Sheriff's Office then made arrangements with
police officers from Columbus to obtain an alarm system to place inside the
box, Kelly said.

The plan, he explained, was to have the law enforcement officers disguise
themselves, deliver the package and then after he opened the package,
search the home and arrest Hineerliter.

On Jan. 17, Kelly said, the officers carried out their plan, delivering the
package and then arresting Hineerliter 20 minutes later.

In addition to finding the box containing more than 21 pounds of marijuana,
he said, officers found marijuana "roaches," other boxes similar to the one
the officers just delivered, and grow lights in the basement.

Under cross-examination from McGee, though, Kelly admitted that the
officers did not wait for the alarm to go off in the box before they
searched Hineerliter's home.

Kelly said that no one told him that he had to wait for the alarm to go
off, so he and the other officers decided to go into the house.

McGee then asked Kelly about what evidence, if any, he had that Hineerliter
knew marijuana was in the package that had been delivered to him.

Kelly acknowledged that officers had no evidence that Hineerliter knew what
was in the box when the officers entered the home.

McGee also pointed out that while Hineerliter may have had grow lights in
his home, he is a botany student at Ohio University and can use the lights
in his studies.

The defense attorney argued that according to Ohio law, Hineerliter was not
doing anything wrong and should not have been arrested. Police had no
evidence that he knew what was in the package, McGee reasoned, and he could
not be charged simply because a package of marijuana was delivered to his home.

Athens County Municipal Judge Douglas Bennett agreed with McGee's argument
and dismissed the case.

He advised Hineerliter, however, that the state could still choose to take
the case before the Athens County Grand Jury.

After the hearing, Athens County Prosecutor David Warren said his office is
still investigating the case and evaluating whether or not to take it
before the grand jury.

Although he would not comment directly on questions about whether he
advised the officers to wait until the alarm in the box went off before
they searched the house and made the arrest, Warren did say that there may
have been some "misinterpretation" over what he told the officers about the
investigation.

He acknowledged that the case might have been stronger if the officers had
waited for the alarm to go off before entering the home. He and Athens
County Sheriff Vern Castle have a very good working relationship, Warren
said, and they will clear up any such misinterpretations in the future.

Though Warren admitted that proceeding with the case might be tough because
of the testimony from Kelly about there not being any evidence that
Hineerliter knew what was in the package, he said that does not necessarily
shut the door on the case.

Criminal charges could also be filed against the person who sent the
marijuana package to Hineerliter, but those charges would have to be filed
in the county where that person resides, Warren said.