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Hearing held in Marshall drug case

MARSHALL — A court hearing was held Tuesday in the case of a man charged with drug possession in Marshall.

An attorney representing Dante Maurice Stidman said there were issues on whether there was probable cause for the charges against him. A Lyon County District Court judge gave lawyers on both sides of the case time to file written arguments on the matter.

In January, Stidman was charged in Lyon County District Court with first-degree and third-degree drug possession. A complaint alleges that law enforcement executed a search at Stidman’s apartment on Jan. 14. The complaint alleges that Marshall Police found a crystal substance that appeared consistent with methamphetamine in the bathroom toilet, and that the water from the toilet field tested positive for meth.

At Tuesday’s hearing, defense attorney Jeremy Blackwelder said there were probable cause issues that he wanted to submit a written brief on. Court documents filed in February listed some of those issues, included that the charges against Stidman relied on uncorroborated information, and that investigators relied on cell phone records that didn’t have a connection to Stidman. In the court documents, Blackwelder also said there was not probable cause for charges of first degree controlled substance crime, because the weight of the toilet water should not have counted toward the amount of meth Stidman was charged with possessing.

Earlier this year, attorneys for Stidman had challenged a search warrant in his case, saying a law enforcement officer intentionally left out information when he asked a judge for a search warrant for Stidman’s apartment and vehicle. The affidavit said Stidman believed law enforcement’s search warrant application left out information like a swab from his vehicle door handles that did not test positive for drugs.

Last month, Judge Michelle Dietrich denied a request for a hearing on the alleged missing information. In a memorandum filed in Lyon County District Court on May 14, Dietrich said it was “not a material omission” for law enforcement to leave out information about the negative drug tests in their application for a search warrant. If Stidman was driving the vehicle being tested for the presence of drugs, it would be most likely that residue was on the front driver’s side door handle, and not the passenger side, Dietrich’s memo said.

When the information regarding the negative test result was added to search warrant applications made in January, there was still probable cause to issue the warrants, Dietrich’s memo said.

At Tuesday’s hearing, Blackwelder and Lyon County Attorney Abby Wikelius said they wanted to submit written arguments on the probable cause issues. Dietrich gave the defense until June 24 to submit a written argument, and the prosecution until July 1 to respond. The judge would take the matter under advisement.

At Tuesday’s hearing, the court also heard a request for Stidman to not have to keep traveling to Marshall to undergo drug testing as part of his release conditions. Blackwelder said Stidman had moved to Pipestone County.

Dietrich said she would allow a week for the parties in the case to approach Probation and see whether there were options to allow drug testing in another location.

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