HUTCHINSON, Kan. — A 21-year-old Hutchinson man arrested on July 3 of last year on drug distribution charges apparently wants some of the evidence suppressed.
Sean Dionne is charged with possession of marijuana, possession of drug paraphernalia and possession of some prescription drugs, all with intent to sell within a thousand feet of a school.
The state alleges he had between at least 25 and 450 grams of marijuana and over 10 dosage units of the Hydrocodone and Lorazepam. He’s also alleged to have the paraphernalia to help distribute the drugs.
Dionne was apparently walking around 2:00 a.m. in the 1600 block of 16th Terrace and, about that time, a Hutchinson Police Officer was dispatched regarding a welfare check at Hutchinson Community College. The officer spotted Dionne and yelled at him. It’s then that the officer began to question him as to whether he had been drinking. “A little,” Dionne said. The officer was apparently concerned he might be hit by a car because he was walking in the street, apparently heading to Walmart. Dionne stated that there were no sidewalks for him to walk on. Police then decided that they needed to perform a sobriety test and arrested Dionne for public intoxication.
The defense argued that police did not have reasonable suspicion that Dionne had committed or was about to commit a crime at the time they stopped and questioned him. They also claim he had not violated any city ordinance and that there is no evidence that his discussion with officers was voluntary, even though he stopped when the officer yelled his name. They claim the officers had no probable cause and never gave him a Miranda warning.
The hearing over the motion is set for Thursday in front of Judge Trish Rose.