Motion to suppress evidence overruled
By Staff
Melissa Cason, Franklin County Times
The Franklin County Circuit Court heard a motion Wednesday afternoon to suppress evidence in a drug possession case based on an allegation by the defendant that the evidence was found during an illegal search.
Lee Benefield, 33, of 417 Briarleigh Road in Russellville, was taken into custody in August 2005 after Sheriffs deputies found methamphetamine on his body during a search.
Benefield contended the search was conducted unlawfully. However, Lt. Greg Pinkard, who led the investigation, said that he received verbal consent for the search. Benefield denied giving permission for the search.
Pinkard entered the home in an attempt to locate another suspect believed to be at the residence. During his time in the home, Pinkard found a cylinder with crystal-type substance consistent with meth, according to testimony during the hearing.
According to witness testimony, Pinkard had Benefield patted down at that time because he was told before entering the home that there was a firearm in the residence and he had not been able to locate it at that time.
"Any time I feel unsafe, I can have someone patted down for weapons," Pinkard told the court.
The defendant's testimony painted a very different picture. According to defense testimony, Benefield and his wife, Sharon, never gave consent for the search, prompting the motion for suppression of evidence by his court-appointed attorney John Benn.
Circuit Judge Terry Dempsey denied the motion to suppress evidence based on the testimony he heard. Benefield, then, entered an open plea of guilt.
Dempsey allowed Benefield to remain out on bond pending sentencing of the case. Possession of a controlled substance is a Class C felony punishable by one year and one day to 10 years in prison.
Franklin County District Attorney Joey Rushing said that Benefield never disputed having the meth on his possession; only the circumstances of the search.
"Verbal consent is admissible in court but it's always better to have as much written documentation for trial purposes," Rushing said.
He added that if Investigator Pinkard had returned to his car to gain access to a search consent form, any potential drug evidence could have been destroyed.
Assistant District Attorney Doug Evans, who argued the case, said that he believes that the law is on their side.
"We believe the judge was correct in overruling the motion to suppress evidence and we believe the case will be upheld on appeal," Rushing concluded.
