ANOTHER FELONY POSSESSION OF DRUGS AFTER FORMER CONVICTION OF A FELONY

Case Dismissed

Criminal Charge: Another Felony Possession of Drugs after former conviction of a felony
Case: State v. Harvey Dale Bolding
Court: [CF-07-148] [Choctaw County]
Result: Case Dismissed

Oklahoma State Courts Network
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Summary:

Hugo PD Officer Ben Milner alleged he found drugs and paraphernalia on Mr. Bolding after an alleged moving traffic violation and charged him with a felony and several misdemeanors.

The arrest was suspicious: Milner admitted at the preliminary hearing that he had been staking out Mr. Bolding for weeks but never observed him commit a crime. According to Milner, he managed to observe an out-of-date license plate sticker from about 25 yards and elected to arrest him.  During the arrest, Milner claimed he had cause to pat down Mr. Bolding and allegedly recovered a syringe from Mr. Bolding before any other officers arrived.

Curiously, Milner could not recall how long he had kept the syringe in his shirt pocket at home before delivering it to the property room.  Moreover, the custodian of the Choctaw County property room testified that official procedure for storing drugs allegedly recovered and stored involves no logging of data: no one keeps records of what was stored, who accessed it when, or even how much of what was allegedly stored.  In a bizarre twist to this already troubling practice, the custodian further testified that all property of any other kind [hmmmmmm…] IS logged and described!

The prosecutor confessed Haslam’s Motion to Suppress the evidence and the judge dismissed all the charges against Mr. Bolding.