SIDNEY, Neb. — A Colorado man charged with possession of meth in Cheyenne County has filed a motion to exclude evidence for a possible trial.
60-year-old James Smith of Fort Collins, Colo. submitted the documents claiming he was improperly stopped while driving and the officer lacked probable cause, reasonable suspicion or a search warrant to conduct the search.
According to court documents, Smith and his legal counsel claim Smith's fourth, fifth, sixth and fourteenth amendment were violated during the stop and subsequent search.
The motion moves for all evidence seized from Smith during and following the traffic stop be suppressed and excluded from use at trial.
According to the probable cause affidavit, police stopped Smith while he was driving on Link 17J in Sidney. The officer that pulled him over reported Smith crossed the center line, nearly hit a construction barrier and was speeding.
Police conducted a field sobriety test and breathalyzer test on Smith. The breathalyzer came back with a .000 reading, but authorities say Smith showed numerous signs of impairment and he was arrested.
Court documents say police found a bag with 8 grams of meth in one of Smith's pockets while searching him. Police say Smith admitted it was meth at the scene.
While being booked at the Cheyenne County Jail police found another bag with over 30 grams of meth in Smith's coat, according to authorities.
Smith is charged with felony possession of meth over 28 grams and a misdemeanor DUI. A hearing on Smith's suppression motion is scheduled for Wednesday.