MOUNT VERNON — A Danville woman charged with aggravated possession of drugs testified Friday that she never consented to a search of her person.
Jamie D. Beckett, 37, testified that she “never said yes or no” when asked by Danville Police Lt. Mark Perkins on Dec. 16 if he could search her. Beckett testified in a motion to suppress hearing in Knox County Common Pleas Court Friday, in which her attorney, Public Defender John Pyle, is seeking to suppress oxycodone pills found in a cigarette pack Beckett had in her pocket.
Perkins, under direct examination by Assistant Prosecuting Attorney David Merrell, testified that Beckett implied consent to a search because she began to empty her pocket.
According to testimony at the hearing, Perkins attempted to stop Beckett for a broken headlight while she was driving in Danville. Perkins testified that Beckett turned into a residence as soon as he began to follow her.
Beckett exited the vehicle and began to go toward the residence. Perkins said he made a verbal command for her to stop.
Perkins testified that he smelled the odor of marijuana on Beckett, and later smelled it in the vehicle she was driving. Perkins had Beckett take a seat in the car and executed a K-9 search of the vehicle. The K-9 hit on the driver’s side door, Perkins testified.
Perkins searched the car and found loose marijuana, according to testimony. While Beckett was outside the vehicle, Perkins asked if he could search her.
Beckett testified she removed a candy cane from her pocket. Beckett’s friend, who lives at the residence, was standing next to her at the time, and said she needed a cigarette. Beckett testified that she was giving the pack to her friend, when Perkins took possession of it.
Beckett testified the pills belonged to a family member, who had trouble with a member of their household “taking things from her.” Beckett further testified that she had not used marijuana that night.
Pyle argued that Perkins’ right to a search ended with the car.
Merrell said Perkins had probable cause because the odor of marijuana was detected twice, and the K-9 indicated drugs were in the car.
The motion to suppress hearing was heard by Common Pleas Judge Richard Wetzel. Wetzel said he will issue a ruling on the motion at a later date.
Beckett’s case is scheduled for trial July 11.