Published: March 13, 2009 10:23 pm      

Judge rules search legal

Macy man still facing felony meth charges

An attempt by a Macy man to get evidence in his Cass County methamphetamine case tossed because of police misconduct failed.

Earlier this week, Cass Superior Court II Judge Rick Maughmer ruled police legally detained and searched 49-year-old Larry Gene Markley in a traffic stop in 2007.

Last year, defense attorney Brad Rozzi filed the motion to suppress the methamphetamine and marijuana reportedly found in Markley’s possession. After a series of continuations, Rozzi and the prosecution argued their points this week.

Rozzi asked that “all property seized by the arresting officers, all observations made by the arresting officers, and all statements made by the defendant” be suppressed based on the “unconstitutional conduct of the police.”

According to court records, the Cass County Drug Task Force arrested Markley after he reportedly left a house in Royal Center known for drug activity. An officer with the task force said they followed Markley until pulling him over for allegedly crossing left of center.

During the traffic stop, police noted Markley was “shaking and appeared very nervous.” When asked to search his vehicle, Markley reportedly gave police consent. The search revealed meth and marijuana, police say.

Rozzi argued that police searched Markley and his vehicle “without lawful authority.” He stated in the motion that police failed to notify Markley of his right to consult an attorney. He also said that the consent Markley did give was not voluntary, which is a violation of the U.S. Constitution.

Judge Maughmer wrote in his ruling that Markley was, “not in custody when law enforcement sought and obtained consent to search.”

Markley faces charges of class C felony possession of methamphetamine, class D felony possession of methamphetamine and class A misdemeanor possession of marijuana.

If the judge had ruled in the defense’s favor, the state would have been forced to dismiss the case against Markley.

Kevin Lilly can be reached at (574) 732-5117, or via e-mail at kevin.lilly@pharostribune.com