Evidence resulting in the arrest of Kaitlyn Johnston on drug-related charges in late October last year was legally obtained and can be used against her, according to a ruling by Circuit Judge Gordon Webb handed down Monday.
The ruling followed a fairly brief hearing. None of the witnesses subpoenaed to testify were called to the stand.
During the hearing, the court heard Johnston’s attorney, Norman Wilber, argue evidence gathered against his client as the result of a drug buy involving a confidential informant working with law enforcement should be suppressed. Wilber told the court because the informant was a parolee, the law officers involved in the drug bust should have obtained an authorization from proper authorities to allow him to participate as required by regulations contained in the Arkansas Community Corrections manual.
Wilber argued that since the officers involved in the drug bust failed to obtain the authorization, the search of the 23-year-old Johnston and the vehicle Johnston was driving was improper, and any evidence obtained in the search should not be used against her.
Judge Webb said fairly early in the hearing he saw a major difference between the law and administrative procedures laid out by a state agency. He said he did not see how violating an agency’s procedures would impact Johnston’s constitutional protections to the point that evidence should be suppressed based on what were essentially administrative violations.
The state conceded neither verbal or written authorization had been obtained to use the parolee as a confidential informant in the alleged drug buy involving Johnston and 38-year-old Nicholas Tomei, who was given 20 years in prison after pleading guilty to charges related to the case, but also contended just because departmental regulations were not followed did not mean that Johnston’s constitutional rights had been violated in any way.
Judge Webb said the rules and regulations being referred to by Wilber were actually in place to protect parolees and probationers and to guide how they were to be used in situations where they served as confidential informants.
The arrest of Johnston and her then boyfriend, Nicholas Tomei, came after the couple drove to the Cranfield Park area where a drug deal took place in which the confidential informant played the part of the buyer.
According to court records, once Tomei and Johnston arrived at the park late on the evening of October 24th last year, Tomei left the vehicle, and he and Johnston drove to the location and went to a vehicle occupied by the confidential informant. After the alleged drug sale was made, Tomei returned to the car, and he and Johnston, who was driving the car, departed.
The informant, who was wearing a wire, purchased $1,000 worth of a substance field-testing for methamphetamine.
Johnston and Tomei were stopped on U.S. Highway 62/412 by an Arkansas State Police Trooper who was part of the team monitoring the bust. Prior to the stop, Tomei admitted he had been throwing methamphetamine out of the passenger side window of his black Cadillac once he realized he was being tailed by the trooper but the powdery substance kept blowing back into the car as Johnston drove down the highway.
Tomei was given 20 years in prison after pleading guilty to the charges against him stemming from the October incident and other cases against him.
WebReadyTM Powered by WireReady® NSI