Evidence in mobile meth lab case might be inadmissible

The contents of a car that police said was a mobile methamphetamine lab they found driving through downtown Aiken might not make it to trial.

In November 2008, John R. Johnson, then 27, and Denise Williams, then 37, both of the Augusta area, were stopped by officer Demetrick Drumming for a traffic violation. After the stop, a drug dog was called to the scene and alerted on materials and chemicals used to manufacture methamphetamine.

However, the way that stop was handled, and the length of time the pair were detained before the lab was discovered, could be ruled illegal and that evidence thrown out.

When the car was stopped and the alleged lab discovered, it shut down the intersection of York Street and Hampton Avenue for several hours. The voluminous contents of the car, the accused pair and police officers all had to be decontaminated.

Crews in hazardous materials protective suits began to remove from the car the items, which included shirts, pants, shorts and other articles of clothing, a lamp, lamp shade, couch cushion, planter, shop vacuum and two mannequin heads.

In a hearing Wednesday, Johnson's attorney Bob Harte argued that officers detained Johnson for an unreasonable amount of time so they could wait on the drug dog, despite not having enough evidence to do so.

Drumming admitted that a normal traffic stop takes around 10 minutes; however, this stop took upward of half an hour.

The officer's reasoning for stopping Johnson, who is set for trial on a manufacturing methamphetamine charge, was the discovery of a prescription pill bottle that did not belong to either Johnson or Williams. It did, however, belong to a family friend and was legal. Drumming also said his suspicions were piqued because Johnson acted nervous and because of the car's condition.

Presiding Judge Doyet A. "Jack" Early took the information and will render a decision at a later date.

"You know I admire all the officers that come into this courtroom and you know how I preach against drugs in this courtroom ... and quite frankly this is a close question and I've got to make the call," he said.

The case seems to hinge on whether the State must prove there was reasonable evidence to delay the vehicle, or whether they needed a higher level of proof beyond a reasonable doubt.

Contact Mike Gellatly at mgellatly@aikenstandard.com.