- Associated Press - Saturday, June 14, 2014

FAIRBANKS, Alaska (AP) - Prosecutors dropped a charge filed against a 68-year-old man who was searched without his consent by an airport police officer in Fairbanks who smelled marijuana.

The Fairbanks Daily News-Miner reports (https://is.gd/jiYAnD ) Percy Herbert of Fort Yukon had been charged with fourth-degree felony drugs misconduct following his May 31 arrest.

Prosecutors wouldn’t say why the charge was dismissed. However, the charging document against Herbert shows the arresting officer had concerns about evidentiary rules after Herbert refused to be searched.

Sgt. Sean Martines wrote in the complaint that the Fort Yukon village public safety officer alerted him that Herbert was reportedly dealing drugs and that he was scheduled to return to town.

Martines said Herbert smelled strongly of pot and had several “lumps” under his jacket. The officer said the search yielded 5.5 ounces of marijuana.

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Information from: Fairbanks (Alaska) Daily News-Miner, https://www.newsminer.com


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