Defendant challenges drug search
Despite having an appointed lawyer to defend him, a Marion man himself filed a motion last week to dismiss a charge of possession of methamphetamine.
Seth M. Daniels, jailed March 25 on suspicion of domestic battery, possession of methamphetamine, aggravated assault of a law enforcement officer, and an out-of-county warrant for possession of methamphetamine, was charged April 12 with possession of methamphetamine and bound over for trial June 10.
He was arraigned June 27, and three days later filed a hand-written motion to dismiss the charge.
Marion Police Chief Clinton Jeffrey found a substance alleged to be methamphetamine while he was cleaning out his squad car after Daniels’ arrest.
“I must have missed it during the search of the individual,” Jeffrey said at the time.
Jeffrey’s report said he patted Daniels down before placing him in the vehicle. Jeffrey did not put his hands in Daniels’ pockets.
“He did not conduct a proper and thorough search,” Daniels wrote. “How can we trust that he can do a proper and thorough search or has ever done a proper and thorough search on his police cruiser.”
A hearing is scheduled for Tuesday.
Last modified July 7, 2022