Charges against medicinal marijuana advocate Steve Marlowe were thrown out Monday after a judge ruled that deputies showed a “reckless disregard for the law” in using an informant’s statement to obtain a search warrant.
The charges against Steve Marlowe of Mill Spring were dismissed by the District Attorney’s Office late Monday afternoon, according to Marlowe’s attorney, Ben Scales.
The informant, 33-year-old Charles Grady Shehan Jr., was led out of court by deputies Monday afternoon after he testified about telling police he had seen a marijuana growing operation at Marlowe’s house.
Shehan refused during a court break to comment about his testimony Monday, or previous statements to police which led to Marlowe’s arrest in 2007.
Marlowe was arrested in November 2007 and charged with possession of drug paraphernalia, maintaining a vehicle or dwelling for the use or sale of marijuana and manufacturing marijuana.
Scales, an Asheville defense attorney, filed motions that claimed the Polk County Sheriff’s Office forced an informant to give investigators information to obtain a search warrant against his client.
“The search warrant was executed by the Polk County Sheriff’s Department on November 13, 2007,” Scales said in his motion. “The warrant was issued upon information contained in the affidavit of Lt. Matt Prince, which in turn is based upon a statement by a formerly confidential informant named Charles Grady Shehan Jr.”
According to the search warrant, Lt. Prince relied on statements made by Shehan.
Superior Court Judge Marlene Hyatt ruled Monday that Shehan was not a creditable witness for the Polk County Sheriff’s Office to have used as the basis of a search warrant. Hyatt said there were false statements included in the search warrant. In her ruling, she said the police knew there were false statements in the search warrant or acted with reckless disregard to the law by executing the search warrant based on Shehan’s statements. “I will allow the defense’s motion to suppress,” Hyatt said.
“I am pleased that the judge was swayed by our arguments,” Scales said Monday after the ruling.
“I am pleased,” Steve Marlowe added after the hearing.
Jean Marlowe, his ex-wife, said she was “glad the truth came out.”
“If the police are not doing their job correctly you have to stand up for your rights,” she said.
