EVANSVILLE, Ind. (AP) - A father facing drug charges argues a trooper made an unconstitutional search by changing his son's apparently soiled diaper and finding a bag of crack hidden inside.
The diaper change was a search conducted without probable cause, Walter H. Martin argued in asking the court to throw out the evidence.
Martin, 30, goes on trial next week. His wife, Tawana Fairley, pleaded guilty to a lesser charge in the fall.
Trooper Douglas Humphrey discovered the drugs last June after pulling Martin over for speeding.
Humphrey learned Martin was a suspect in a drug investigation, and a search by a drug-detection dog led Fairley to admit she had marijuana, court documents said.
When Humphrey lifted the 18-month-old boy, he noticed ``a large load'' in the baby's diaper. The trooper then found the cocaine inside.
Posted by: Southside
That is gonna be a good case to hear what happens. As sharp as he was noticing that, I wonder how the Trooper is going to show just how LARGE the load was compared to an average loaded diaper....It never seems to amaze me just how low druggie scumbags can go when it come to their kids.......Some story that will be......How do you explain to your kid that you were in jail during his younger years was because you stuffed crack in his crack.
Parent of the Year!
Posted by: SRRerg
If the parents are in police custody, the police are the guardians until social services arrives, if the Trooper felt the baby needed a diaper change, so be it.
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