Suppression hearing to be set for Simpson man in federal drug case
Published 2:50 pm Monday, December 14, 2020
A man facing federal drug and weapons charges is seeking the suppression of evidence gathered in the case against him.
Adrian Nolan, 40, of Franklin, is under indictment in U.S. District Court on two counts of possession of methamphetamine with the intent to distribute, two counts of possession of cocaine base with the intent to distribute, three counts of possession of a firearm in furtherance of drug trafficking, possession of an unregistered firearm, distribution of methamphetamine and possession of a firearm by a prohibited person.
Five of the counts against Nolan stem from a 2017 arrest in Simpson County by the South Central Kentucky Drug Task Force, and an additional four counts concern a Dec. 31, 2019, arrest in Bowling Green.
Nolan’s attorney, Dennie Hardin, filed a motion to suppress evidence related to nine of the 10 counts.
Hardin claims the search warrant executed in the 2017 arrest for Nolan’s residence was faulty due to it being issued for 309 W. Washington St. when Nolan’s address at the time was 309 1/2 W. Washington St.
For Nolan’s arrest Dec. 31, 2019, in Bowling Green, a Kentucky State Police trooper wrote in a citation that he observed a vehicle failing to use a turn signal at a four-way stop, leading to a traffic stop and arrest.
Hardin said the citation is inconsistent with a narrative put forward by Department of Homeland Security Detective Brad Harper, who said he had gotten a tip that Nolan, who was wanted for his arrest, would be at a location in Bowling Green and then located a vehicle in a parking lot and saw Nolan get into it, surveilling the vehicle until additional law enforcement arrived.
“The expressed reasons the trooper gave for the traffic stop in his citation are suspect, at best, and, at worst, just factually untrue,” Hardin said in his motion.
In a response, Assistant U.S. Attorney Mark Yurchisin said the technical error in the 2017 search warrant doesn’t invalidate the warrant, and that the physical description of the property and its GPS coordinates in the warrant lessened the probability of police searching the wrong location.
Yurchisin also argued that Nolan pleaded guilty to the traffic offense for which he was cited in the 2019 stop, so Nolan cannot claim that there was no probable cause for his arrest.
Harper also had reasonable suspicion that Nolan was driving the vehicle under surveillance, therefore justifying the arrest.
A suppression hearing has been set for Jan. 21.
– Follow courts reporter Justin Story on Twitter @jstorydailynews or visit bgdailynews.com.