A Muskogee judge has dropped a felony drug charge against a Washington State man after Wirth Law Office’s Muskogee criminal defense attorney argued there was not probable cause to believe illegal mushrooms found in the car belonged to the defendant.
Special District Judge William Stout ruled that no evidence had been presented to show who owned a briefcase in the back of a car laden with luggage. The man had recently dropped off crew members at an airport. A police officer testified that the mushrooms were found in a briefcase among a large amount of luggage in the back of the car.
Evidence at a preliminary hearing must only be sufficient to show probable cause that a defendant committed the crime for which charges were filed. The judge ruled that mere supposition that the driver owned the briefcase or knew what it contained did not comprise probable cause that he would be found guilty at trial. Prosecutors have appealed the judge’s order.