Judge Throws Out Evidence in Drug Case
A federal judge has thrown out evidence in a drug trafficking case due to reckless statements made by the detective when getting the search warrant. Police detective Keith Medley, a 14 year veteran of the Oklahoma City Department, arrested Victor DeWayne Gaines after finding pot, cocaine, and a gun in Gaines’s apartment.
To get the search warrant for Gaines’ apartment Medley told the Oklahoma County District Judge, Cindy Truong, the following.
- A black male took the two trash bags out by Gaines’ apartment.
- He found sandwich baggies with marijuana residue and a pill bottle with Gaines’ name on it, in those trash bags.
- He saw Gaines come and go from the apartment several times.
- Gaines had prior convictions for shooting with intent to kill and arrests for drug trafficking.
Here’s what actually happened according to the judge.
- The male man taking the trash out was a 8 to 10 year old boy.
- Police found two sandwich baggies with green flakes, but did not test the flakes or baggies for marijuana.
- Medley only saw Gaines enter the apartment once.
- Gains only had one prior conviction with no other arrests.
The judge went on to write very critical words of the detective, although the judge did note Medley had good intentions. Gaines is still awaiting trial, but all evidence gathered using the search warrant can not be used against him.
Despite best intentions cops can make mistakes and cut corners. While this is done in the name of justice, it violates rights guaranteed to every American. If your rights have been violated by police during a search or arrest, call us to protect your rights. We have years of experience helping clients whose rights were violated.