- Associated Press - Thursday, October 6, 2016

MARTINSBURG, W.Va. (AP) - A prosecutor’s office said it is seeking the dismissal of a heroin possession charge against a sheriff’s candidate because evidence was obtained without a warrant.

The Berkeley County Prosecutor’s Office filed a court motion Tuesday to dismiss the charge against Republican John Orem, media outlets reported.

Orem was charged with misdemeanor possession of heroin after an Aug. 2 health scare in which he was administered Narcan, the opioid reversal drug.

According to the motion, a state police trooper did not obtain a search warrant when he opened Orem’s bathroom cabinet on Aug. 2.

“State concedes that Trooper Gillmore’s opening of the bathroom cabinet is a search” and “Trooper Gillmore did not obtain a search warrant to search the bathroom or the cabinet in the bathroom,” court documents revealed.

An earlier criminal complaint said Orem was found unresponsive at his Inwood home and that the trooper later took evidence from the cabinet.

Orem has said he has never used illegal drugs.

“(T)here was no need for Cpl. Gillmore to promptly act and search the bathroom cabinet in the proper discharge of his community caretaker duties. Further, the search of the bathroom cabinet also fails under the emergency doctrine as there was no longer ‘an immediate need’ for the search of the bathroom cabinet for the ‘protection of human life’ after Mr. Orem arose and walked down the hallway,” the motion said.

Orem defeated eight GOP challengers in the May primary. He’ll face Democrat Curtis Keller and independent candidate Lisa St. Clair in November.

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