A felony third degree drug possession charge against Marvin Clark, 49, Claremont, was dismissed in Morrison County District Court, Wednesday.
According to the criminal complaint, on Feb. 11, 2016 law enforcement on routine patrol observed a vehicle traveling at an unusually slow rate of speed. The driver appeared to slow even further as the vehicle passed the officer and a female passenger appeared to not be wearing a seat belt.
The officer ran the license plate of the vehicle and found that the registered owner had an active order for protection prohibiting contact with a female party.
The officer instigated a traffic stop, noting that the female passenger appeared to make furtive movements as the suspect vehicle came to a stop, stowing her purse in the back of the vehicle.
The driver, identified as Clark, stated the vehicle was his and that the order for protection was not for this female passenger.
It was found that Clark was on probation, the conditions of which included random searches of his person and vehicle.
In the trunk of the vehicle, officers allegedly found a tennis shoe containing a small baggie of powdery residue and a scale, as well as a can.
The can was found to be a “false can” of the type used to conceal contraband.
It allegedly contained a small baggie of substance which field-tested positive for cocaine, a bag of a substance which field-tested positive for heroin and prescription pills.
The cocaine was measured and found to weigh approximately 3.4 grams. The heroin weighed approximately 2.2 grams.
The pills were identified as Percocet, a Schedule II controlled substance.
Assistant County Attorney Michel Chisum said the charge was dismissed because further investigation needed to be done based on information from a conviction in Oklahoma against Clark.