User Login    
 + Register
PDQ Cleaning
News : Former Professor At Maryville Wins Legal Victory In Drug Case
Posted by Randy on 2014/7/17 10:19:47 (376 reads) News by the same author

(maryvilledailyforum.com) -A former Northwest Missouri State University professor arrested nearly a year ago on charges of cultivating marijuana in his home recently won a significant victory in 4th District Circuit court.
Click to see original Image in a new window

Judge Roger Prokes ruled invalid a search warrant authorities used to gain entrance into Matthew S. Rouch’s Maryville residence.

According to court documents date-stamped July 8 and provided to the Daily Forum on Wednesday, Prokes’ ordered the warrant quashed and ruled all evidence collected during the search inadmissible in court.

In the conclusion to his order, Prokes wrote:
“The search warrant issued September 6, 2013, should be quashed and all evidence discovered from that search should be suppressed because there was no probable cause to believe that criminal contraband or evidence of a criminal offense would be discovered.”

Prokes also found that while “law enforcement’s concern in this case is understandable, the court finds no statutory or case law precedent that authorizes issuance of a search warrant based upon anything less than probable cause that contraband or evidence of a crime would be found.”

The search of Rouch’s home occurred following a Facebook post on Aug. 28 in which Rouch exchanged what was apparently meant to be banter with a colleague about the start of a new school year.
“But yes, that's the beginning of the semester. I'm always optimistic,” Rouch wrote. “By October, I'll be wanting to get up to the top of the bell tower with a high powered rifle — with a good scope, and probably a Gatling gun as well."

Initially Nodaway County Prosecuting Attorney Robert Rice declined to press charges, saying it was clear in context that the message was intended jokingly and did not, therefore, constitute and criminal act. However, Northwest officials were not amused.

"The university has strict policies against, and will not tolerate, threats or incidents of violence," then-Provost Dunham wrote in a terse message to students, faculty and staff in which Rouch was not mentioned by name. "Northwest will take all appropriate actions that are commensurate with the evidence."

Facebook aside, Rouch wasn't charged until an incident on Sept. 5 when he reportedly told a colleague that he had a bomb in his briefcase. Rice said after Rouch was taken into custody after someone relayed the remark to university police who confronted Rouch and removed him from the campus.

When Rouch told officers he had no weapons in his Second Street home other than a "pellet gun," Rice sought a search warrant "because we wanted to make sure that was true."

On Sept. 6, according to court documents, Northwest Police Chief Clarence Green swore out an affidavit in support of the warrant seeking “a rifle with a scope, a Gatling gun, or other firearms capable of lethal use.”

But at the time the warrant was sought, Prokes found, officers “knew defendant’s comment was most likely hyperbole.”

Prokes also stated that the application made no reference to the context in which the defendant’s statements were made, and “failed to inform the issuing court of the fact that they knew the comments were most likely made in jest.”

When Green and Nodaway County sheriff's deputies entered the house they discovered what they alleged to be a large amount of live marijuana plants and other contraband.

Green, in a probable cause statement filed with the court, described what he called a "marijuana grow" in "plain sight" on the second floor of Rouch's residence.

The "grow," Green wrote, consisted of heat lamps, plant food, approximately ten live marijuana plants, bags of dried pot, and "multiple" bongs and pipes. Bags of marijuana were allegedly found in other parts of the house as well.

Rice said at a press conference that the total amount of marijuana seized easily exceeded the 35-gram threshold that divides misdemeanor and felony possession.

Rouch was released from jail on $25,000 bond and later resigned his position on the university’s communications faculty.

But all of that may now be moot, since Prokes’ ruling apparently disallows all evidence seized in the search.

“The court certainly does not condone the defendant’s politically incorrect statements,” Prokes wrote in his ruling. “Officials had every right to be concerned and further investigate the defendant. Nonetheless the defendant’s comment was not criminal and was obviously an ill attempt at humor. It is apparent that law enforcement sought and obtained a search warrant as part of their threat assessment protocol and to relieve any lingering concerns about the defendant and his state of mind. However, this rationale for a search warrant is not supported by either state or federal law …”

Rouch joined the Northwest faculty in 1992 and taught classes in television production and digital technology. He is being represented in court by Maryville attorney Robert Sundell.

Printer Friendly Page Send this Story to a Friend Create a PDF from the article


Other articles
2014/10/31 13:20:00 - Milan Coaches Show For Thursday, 10/30/14
2014/10/31 9:42:05 - KC Royals Acquire Minor League Catcher
2014/10/31 7:40:47 - PSC Cold Weather Rule Takes Effect November 1
2014/10/31 7:33:53 - MoDOT To Hold Winter Readiness Drill
2014/10/31 6:31:42 - Trenton Police Department Offers Halloween Safety Tips
2014/10/31 4:35:51 - Halloween Is A Dangerous Night For Impaired Driving
2014/10/31 4:26:18 - Student Threatens To Bring Gun To School; Lack Of Communication Upsets Parents
2014/10/31 4:21:03 - Ameren To Lower Gas Rates For Missouri Customers
2014/10/31 4:12:03 - Elderly Man Shoots Woman Who Kicked In Door
2014/10/31 4:07:35 - Trenton Woman Arrested On Violation Of Probation
2014/10/31 4:05:02 - Unity Road To Be Closed For Railroad Crossing Work
2014/10/30 10:19:14 - 11 Men Sentenced In International Child Porn Ring
2014/10/30 10:07:13 - Plane Crashes Into Building At Airport In Wichita, Kansas
2014/10/30 9:22:06 - Grundy County Circuit Court News
2014/10/30 9:19:12 - Summit Natural Gas To Raise Rates
2014/10/30 9:13:29 - Chillicothe Police Make Additional Arrest In Drug Investigation
2014/10/30 4:40:00 - Mother Upset After School Vaccinates Her Child Without Her Permission
2014/10/30 4:36:29 - Illinois Teacher Calls Jamaican Students "N" Word After They Object To 'Afro-American'
2014/10/30 4:09:13 - Kirksville Teen Arrested For Child Molestation
2014/10/30 4:02:02 - Missouri Inmate Indicted For Killing Cellmate
2014/10/30 3:59:21 - Wentzville Parents Charged In 10-Week-Old's Death
2014/10/29 12:36:00 - "Mr. Mizzou" John Kadlec Passes Away at 86
2014/10/29 12:33:08 - NCMC Announces Cancellation of "Meet the Pirate" Night
2014/10/29 12:28:54 - Pre-Season Parent Meeting Approaches For THS Wrestlers
2014/10/29 12:24:51 - Alex Smith Suffers Shoulder Injury
2014/10/29 12:19:43 - 7th Heaven : Royals Push World Series To Dramatic Final Game
2014/10/29 10:40:56 - Health Fair To Be Held Saturday In Mercer County
2014/10/29 10:38:44 - Solar Farm, Electric Rates Topic Of Trenton Board Of Public Works
2014/10/29 10:36:41 - Program On Ebola To Be Presented Saturday In Chillicothe
2014/10/29 10:34:22 - Chillicothe Police Department Makes Arrests On Drug Charges



Bookmark this article at these sites

                   

Listen to KTTN-FM