HUTCHINSON, Kan. – The defense efforts to get the affidavit and items found from a search of a trailer east of Hutchinson suppressed almost succeeded. The defense for Jeffrey Hamilton says the affidavit doesn’t give enough information of whether a confidential informant was making a controlled buy in a drug case. The state believes it did, but Judge Tim Chambers admitted in court that he would not have signed the affidavit in its current form had it been brought to him. But, he denied the suppression motion anyway, saying another judge did sign it and that gave the detective a good faith belief that he had probable cause for the search.
The defense efforts to get statements made by Hamilton suppressed the night of the search were also denied. Judge Chambers says the state at this point has to provide a low level of proof. The defense claims that Hamilton had been using drugs and was high, had been up two and half to three days, and was not in a position to waive his Miranda rights.
The defendant did take the stand and told the court that he doesn’t remember much of what he told detectives that night. Detective Jeremy Hedges also took the stand and told the court that he read each line of Miranda to Hamilton, then had the defendant initial each line, then at the end asked if he was willing to talk and he said he would. He says he didn’t believe that the defendant was high and couldn’t understand what was being said. Deputy District Attorney Tom Stanton told the court that he had to be able to understand what was going on because he was in the middle of making meth with the various steps.
Hamilton is charged with manufacture of methamphetamine, or in the alternative, attempted manufacture of meth, possession of anhydrous ammonia, lithium metal, ephedrine and drug paraphernalia all with intent to manufacture meth. He’s also charged with possession of anhydrous ammonia in an unapproved container.
The case began in March of last year when the Reno County Drug Enforcement Unit served a search warrant on his property at 7101 Pony Acres Rd. Hamilton was the only one present. He was allegedly three-fourths of the way from completing his effort to make meth and was ready to go through what they call the “gassing process.”
They allegedly found 3 to 4 ounces of a grunge material while doing the search. They also found the active ingredients to make meth.
The trial is still pending.