DAVID CITY, Neb. – A man accused of two felony drug charges after documents say he left his wallet and THC wax in a sheriff deputy’s vehicle, is asking a judge this week to suppress evidence gathered in the case.
47-year-old Michael Rhoden of Lincoln is charged with felony possession of meth and THC wax after an incident last year.
Court records say in the early morning hours of December 21st, a deputy with Butler County Sheriffs Office spoke with Rhoden at a Rising City gas station after the deputy believed Rhoden was driving without a license. Documents say Rhoden was seated in the sheriff vehicle, while the deputy checked his record with dispatch.
The records say Rhoden was eventually freed without a citation, as the deputy asked his passenger in Rhoden’s SUV to drive instead . The documents say Rhoden waved the deputy down as he was leaving and told the deputy his wallet was inside the vehicle.
Records say the deputy found the wallet and a container with THC inside the vehicle.
The affidavit says Rhoden denied ownership of the THC wax and also denied consent for the deputy to search his vehicle.
Eventually, the canine ‘Sting’ alerted the deputies on hand that drugs were inside the SUV and deputies say they found meth when they searched.
The affidavit also says burglar tools, including crow bars, blades, screwdrivers and a blonde wig, were found in the SUV, but those charges were eventually dropped.
Rhoden filed a motion to suppress evidence, claiming his 4th and 14th amendment rights were violated, saying in the motion that the length of his detention was unreasonable “resulting in an unlawful arrest and illegal seizure of evidence.”
It is unclear how long it took for the canine to arrive on scene.
During the search of the vehicle, Rhoden was taken to the hospital for chest pains.
Rhoden was originally freed without a citation for driving without a license, because he had recently paid a reinstatement fee, but had yet to be issued a license.
The motion to suppress hearing will take place at 3 p.m. on Tuesday.