By Jeff Lehr
jlehr@joplinglobe.com
A Jasper County judge Friday sustained a defense motion to suppress, forcing the prosecution to drop a drug case.
The motion was aimed at law enforcement’s use of a search warrant issued for a residence to search the person of someone who was leaving the residence as officers arrived.
Circuit Judge David Mouton sustained a motion to suppress entered by public defender Nicki Neil on behalf of her client, Marcus E. Bailey, 25, of Joplin, at a hearing in Jasper County Circuit Court.
The ruling forced the Jasper County prosecutor’s office to drop a charge of second-degree trafficking in drugs that Bailey was facing.
Bailey was charged with the offense on Aug. 15, 2008, when members of the Jasper County Drug Task Force executed a search warrant at his home at 803 S. Patterson Ave. Bailey was stopped outside the residence as officers arrived.
A probable-cause affidavit alleges that a search of his person turned up four rocks of crack cocaine weighing a total of 5 grams.
Friday’s hearing on the motion to suppress was shortened by the failure of a task force member to appear to testify.
Legal doctrine limits a search warrant for a residence to the residence and persons inside the residence when the warrant is served.
