NEWS

Byrd's lawyer wants judge to toss all evidence

Jeff Burlew
Democrat senior writer

An attorney for Paul Byrd, a former Leon County Schools assistant superintendent charged with trafficking in drugs, is arguing that all evidence against him should be tossed out because it came from an unconstitutional “fake” roadside checkpoint.

Byrd’s lawyer, Don Pumphrey Jr. of Tallahassee, asked the judge to suppress “any and all” evidence against Byrd, including the 30-plus grams of cocaine found in his district truck and his own admission to officers.

Paul Byrd's mugshot, after his arrest on drug trafficking charges.

Byrd was arrested in a so-called ruse checkpoint set up by the Franklin County Sheriff’s Office on Feb. 28, 2014, the first day of the annual chili cook-off on St. George Island, where Byrd owns a home.

The Sheriff’s Office set up flashing signs along a stretch of U.S. Highway 98 saying a narcotics checkpoint with K9 officers was ahead and watched for drivers who turned to avoid it. Deputies with drug-sniffing dogs were instructed to pull over drivers if they witnessed a traffic violation. As Byrd approached the checkpoint, he made a right turn on Putnal Street, where he was stopped for driving without a seat belt.

A K9 officer sniffed and alerted to the presence of drugs. Deputies found nearly 32 grams of powder cocaine inside the vehicle, along with more than $1,600 in cash and three cell phones. In a subsequent interview with investigators, Byrd acknowledged he regularly bought and used cocaine but denied selling it.

Pumphrey, in a motion filed last week, noted that the U.S. Supreme Court has ruled that certain roadblocks are permissible, including DUI checkpoints. But he said justices have “flatly rejected” any checkpoint whose primary purpose is to ferret out “ordinary criminal wrongdoing.”

In court documents, Pumphrey said the Sheriff’s Office’s operational plan stated that its purpose was to “remove the criminal element from the highways, streets and roadways” and to serve warrants, which he argued violates Fourth Amendment protections against unreasonable searches and seizures.

“The evidence in the ... case is inadmissible under state and federal law,” Pumphrey wrote. “The actions by police constituted outrageous government conduct and a violation of Mr. Byrd’s Fourth Amendment rights. Therefore, all evidence gathered in the course of that conduct should be suppressed by this court.”

The court filing is the latest twist in a case that has seen numerous delays since it began nearly three years ago. Byrd’s arrest helped fuel an FBI investigation into the district that generated controversy during the final term of former Superintendent Jackie Pons, who lost his re-election bid last year.

Pumphrey's motion is set to be heard Feb. 22, with the trial starting Feb. 23 or 24, said Assistant State Attorney Jarred Patterson.

Contact Jeff Burlew at jburlew@tallahassee.com or follow @JeffBurlew on Twitter.