- Associated Press - Thursday, September 1, 2016

MAYFIELD, Ky. (AP) - A judge has dismissed drug charges against a western Kentucky couple after ruling that evidence collected by state police was inadmissible.

The Mayfield Messenger reports Graves Circuit Judge Tim Stark dismissed the case Monday against Tyler and Victoria Smoyer, who had been charged with cultivating and possessing marijuana.

The Smoyers’ attorney, Kevin Bishop, had filed a motion to suppress evidence collected at the residence, saying troopers did not follow proper procedure to get a search warrant. The judge agreed and signed the order to suppress the evidence on Aug. 17.

After the ruling, prosecutor David Hargrove moved to dismiss the charges saying he couldn’t prosecute without the evidence from the search.


Information from: The Mayfield Messenger.

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