Search warrant

A judge agreed Monday to reconsider whether to suppress evidence from an airport search that resulted in marijuana possession charges against pro basketball player Damon Stoudamire.






Stoudamire



Pima County Justice Court Judge Paul Simon also said a trial date would be set.


Simon took the issue under advisement after attorneys for Stoudamire introduced information indicating that the search of a small tinfoil-wrapped package in Stoudamire's possession was not a screening process but a police investigation.


As such, a search warrant was needed to open the package, they said.


Stoudamire, who plays for the NBA's Portland Trail Blazers, was arrested July 3 at Tucson International Airport after he set off a metal detector and authorities opened the package, which contained marijuana.


Stoudamire was about to board a plane to New Orleans.


In October, Simon denied a motion filed by defense attorneys Steve Houze and Michael Piccarreta challenging the constitutionality of a warrantless search. Simon refused to suppress the evidence, ruling that it was an airport screening situation.


Defense attorneys hope that getting the evidence tossed would result in charges of possession of marijuana and possession of drug paraphernalia being dismissed. Stoudamire had pleaded innocent.


At a hearing Monday, they presented a statement from a federal Transportation Security Administration supervisor in Tucson who said it was the agency's policy whenever intercepting possible contraband to turn it over to law enforcement officers for appropriate action.


"We said it wasn't a simple screening of Stoudamire's package," Piccarreta said. "The screening was over. This was a law enforcement investigation and they were required to have a warrant."


Deputy Pima County Attorney Elizabeth Hurley told Simon there was no reason to reconsider his decision. She contended that although it spilled over into law enforcement, the search was still part of the overall security process and therefore a search warrant was not needed at the airport.


Simon did not set a date for ruling on whether to grant or deny Stoudamire's motion. But he said that when he does he also will set a trial date.