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Motion to suppress hearing in drug distribution case still pending

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HUTCHINSON, Kan. — Although the trial for a 42-year-old man is still pending next month for a case involving the distribution of drugs, the defense motion to suppress in the case against Mark Wells is still pending and, as of today, Judge Trish Rose didn’t have a date for that hearing.

Wells was arrested on Nov. 8, 2012, and charged with possession of methamphetamine with intent to sell, possession of drug paraphernalia with intent to package, no drug tax stamp and personal use drug paraphernalia.

The Reno County Drug Unit served a search warrant on a 2012 Ford Focus driven by the defendant. He had pulled up to a residence in the 1000 block of North Washington and, as they searched the trunk, allegedly found several zip-lock bags of methamphetamine, about 400 grams all together. There were also additional bags used for packaging. Wells allegedly had a glass pipe on him with residue in his pocket.

The state believes he was selling the drugs locally. The drug unit apparently used a GPS device, but the defense argues whether the affidavit states that they would place that device on the Ford Focus they searched, or whether the search warrant was for a black BMW.

The defense argues that the GPS device may have been on the BMW at the same time they searched the Focus. And he may have had an illegal tag on the BMW, according to information contained in the affidavit. They want the search warrant suppressed, meaning the evidence would have to be thrown out.

When the hearing to suppress will be heard is not known, but it will need to be in the next few weeks because the trial is scheduled to begin on September 2.


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