Defense questions traffic stop that led to man's arrest in Logan Whiteaker overdose case

Logan Whiteaker, center, stands with members of his family as he and others are honored at Drug Court graduation on Monday, Feb. 22, 2016, in Chattanooga. Less than one day after Hamilton County Drug Court celebrated the graduation of 11 participants, Whiteaker was found dead in a Red Bank home, a hypodermic needle next to him on the floor and a small amount of suspected heroin on the bathroom counter, according to a police report.
Logan Whiteaker, center, stands with members of his family as he and others are honored at Drug Court graduation on Monday, Feb. 22, 2016, in Chattanooga. Less than one day after Hamilton County Drug Court celebrated the graduation of 11 participants, Whiteaker was found dead in a Red Bank home, a hypodermic needle next to him on the floor and a small amount of suspected heroin on the bathroom counter, according to a police report.
photo Joshua Corbett
photo Jessica Rachels, one of three people charged in connection with the February overdose of Logan Whiteaker, plead guilty in Chattanooga's federal district court.

A drug case in federal court now hinges on whether a police officer could spot an unfastened seat belt in a matter of seconds.

Between tinted windows and a quick turn into a Dollar General parking lot, it would be "exceptionally difficult" for the arresting officer to credibly determine whether Darius Blakemore was buckled up on March 16, a defense attorney argued Friday in court.

"This was a vehicle he did not observe until he caught up and was behind another vehicle," attorney Amanda Dunn said of the officer. "And then, on the turn, he can immediately see a seat belt violation?"

Why does a seat belt matter so much? Because officers needed to have "probable cause" that Blakemore was breaking the law before they could legally pull him over and search him.

Prosecutors charge that Blakemore provided a deadly heroin mixture to Logan Whiteaker, a 24-year-old man who was found dead in his Red Bank home 18 hours after he graduated from Hamilton County Drug Court in February 2016. Two other co-defendants, Joshua Corbett and Jessica Rachels, have already pleaded guilty to facilitating the fatal deal, records show. Through them, authorities said they quickly figured out Blakemore was involved and wanted to make an arrest.

After setting up surveillance on him, authorities spotted Blakemore and another man coming out of an apartment and getting into a black Chevy Trailblazer on March 16. They tracked them as the black SUV turned right from Lee Highway onto Shallowford Road, prosecutors said. At that time, Shane Dockery, a Red Bank police officer who conducts special investigations for the Drug Enforcement Administration, saw a man he believed was Blakemore not wearing a seat belt in the passenger seat. He testified Friday that he shared this information via radio with other officers in the area.

Farther back on Shallowford Road, deputy Larry Posey with the Hamilton County Sheriff's Office heard the message and roared westward after Blakemore's car. As he closed in, Dockery moved from behind Blakemore's vehicle and Posey filled the space. Posey then moved in behind the Trailblazer as it turned into a Dollar General parking lot, records show. Around that time, Posey testified, he saw Blakemore wasn't strapped in and turned on his blue lights.

During the traffic stop, Posey said he saw Blakemore without a seat belt in the passenger seat. When Blakemore reached for the keys in the ignition, records show, an officer opened his door and a semi-automatic pistol fell out. They ushered Blakemore out of the car, patted him down, and found, among other drugs, three grams of heroin in his pockets.

Dunn argued to suppress that evidence, saying officers had sketchy probable cause to justify a traffic stop. She worked to untangle the government's plan to arrest Blakemore, cross-examining Posey and Dockery, the government's only witnesses Friday.

"Posey was supposed to develop his own probable cause," Dunn said. "Dockery then said, 'I don't see a seatbelt.' And then Posey goes, 'There's my probable cause.'"

She pointed out that Posey didn't say whether Dockery's information played a role. She then referenced case law that says anything obtained after a traffic stop is not admissible if the probable cause was in question.

Federal prosecutor Michael Porter played a snippet of Posey's dashcam video footage for U.S. Magistrate Judge Susan K. Lee. She said both attorneys have until Wednesday to submit any additional case law to cement their points.

"Can it be seen on the video whether he is wearing a seat belt?" she asked Porter.

"Can I see it in the video?" Porter asked. "No. However, I'm not an officer. And they testified to having conducted several stops [for seat belt violations]. I think at the end part you can see it.

"That's after the blue lights. But I think that factors into the officer's credibility."

Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347. Follow on Twitter @zackpeterson918.

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