WATCH: Botched traffic stop by Hall deputies bursts $330K drug case
Mar. 30—More than two years after a reported $330,000 heroin and meth bust, the case has been thrown out after a judge ruled the narcotics were seized after an illegal traffic stop.
Miguel Angel Guzman-Abarca, of Chicago, and Miguel Angel Pacheco-Cadena, of Gainesville, were stopped Nov. 12, 2020, in Oakwood. Both men were originally arrested and charged with trafficking heroin and meth.
Superior Court Judge Kathlene Gosselin ruled Feb. 23 that the search of Pacheco-Cadena's truck and discovery of the 1.3 kilos of meth and 700 grams of heroin was the result of an unlawful detention.
During a hearing before the judge, the deputy testified there was a tip from the Drug Enforcement Administration about Pacheco-Cadena and his Nissan Frontier driving through Hall County with contraband. But the DEA did not know definitively if there were drugs in the truck, according to Gosselin's order.
Defense attorney Kyle Winchester argued that the DEA did not have probable cause that the vehicle was involved in a felony.
"They just suspected that the vehicle driven by Mr. Pacheco-Cadena was carrying drug paraphernalia but had not seen him do anything, so Deputy (Tyler) Bryant was tasked with finding his own probable cause," according to Gosselin's order. "Before conducting the traffic stop, Deputy Bryant already knew that the vehicle was properly insured and registered."
In a statement, the Sheriff's Office said the agency "respects the decision of the court."
"We will use this case as an opportunity to provide additional training to patrol division deputies — both those who are new to the job and those with years of experience — to be alert for the subtle nuances related to search and seizure during traffic stops," the Sheriff's Office said.
Two men stopped in 2020 in Oakwood
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Deputies search the car
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Two arrested on drug charges
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Pacheco-Cadena was released from the Hall County Jail March 23.
Guzman-Abarca's attorney, Chris van Rossem, said his client was released October 11, 2021.
Though their client consented to the search of his truck, Pacheco-Cadena's attorneys, Jason McLendon and Kyle Winchester, argued the detention was unreasonable and therefore Pacheco-Cadena's consent was invalid. The two attorneys filed a motion to suppress the evidence late last year, and a hearing was held Jan. 9.
"The Fourth Amendment does not permit a police officer who stopped the car to deviate his investigation from the basis of the stop if he has confirmed that the driver of the vehicle is licensed, that there are no warrants for his arrest and that the vehicle is properly insured," Winchester told The Times. "Once those three things occur, the scope of the investigation is limited to the basis for the stop, which in this case was the improper lane change."
There was no evidence, the attorneys argued, that the deputy had developed any reasonable suspicion, such as nervousness, deceitful answers to questions or the odors of a controlled substance.
"The fact that this stop was prolonged only a short time is immaterial," Pacheco-Cadena's attorneys wrote in their motion to suppress the evidence.
Around 10:30 p.m. Nov. 12, 2020, Pacheco-Cadena's Nissan Frontier was stopped by a Hall County Sheriff's Office deputy for improperly crossing into the turning lane.
After Hall County dispatch tells the officer that Pacheco-Cadena had a valid license and no warrants, the deputy returns to the car to ask the man where he came from and where he was going.
Pacheco-Cadena told the deputy he picked up his passenger, Guzman-Abarca, at a party, and they were headed to exit 104.
The deputy then asked if there was anything in the vehicle he needed to know about and then if he would consent to a search, to which Pacheco-Cadena agreed.
Eventually, the deputy unties a plastic bag containing drugs wrapped in electrical tape.
Gosselin wrote that the deputy did not give Pacheco-Cadena a citation or warning about the alleged traffic violation.
"Moreover, it appears from the video recording that he held onto Mr. Pacheco-Cadena's driver's license and did not return it to him when he went back to ask additional questions," Gosselin ordered. "He also did not expressly inform Mr. Pacheco-Cadena that he was free to leave."
Detaining the driver further would only be allowed if there was a "reasonable articulable suspicion of other illegal activity," Gosselin wrote.
The judge said there was nothing introduced at the hearing that would have justified Pacheco-Cadena's detention, granting the defense's motion to suppress the evidence seized.
After the judge's ruling, Northeastern Judicial Circuit District Attorney Lee Darragh filed a dismissal order because they would not be able to prove the charges beyond a reasonable doubt.
Pacheco-Cadena's attorneys said their client has a pending court case in a Texas jurisdiction, but they did not answer a question regarding the case.
Darragh declined to comment to The Times beyond what was written in the dismissal order.
