Orchestral cellist has heavy dope charge dismissed

The widely-reported drugs case against David Roy Huckaby, a former cellist in the St Paul Chamber Orchestra and the Detroit Symphony, has been dismissed after a judge ruled the police had no right to search his car.

Police said there were 113lb of marijuana in his car.

His attorney notifies us:

8/3/2016

CHARGES DROPPED AGAINST CELLIST

All charges against Cellist David Huckaby were dropped by the Klamath County Oregon Circuit Court. The Court granted a motion to suppress evidence which consisted of over one hundred pounds of marijuana. The motion was filed by Huckaby’s attorney, Phil Studenberg of Klamath Falls, Oregon. The motion argued that there was no probable cause for the search Huckaby’s vehicle and it violated the Oregon and U. S. Constitution prohibitions against unlawful search and seizure. The arresting officer cited several reasons for the search, none of which were sufficient, according to the Court.

The Oregon Attorney General declined to appeal the matter.

“David’s case is a perfect example of what is wrong with the War on Drugs,” Studenberg stated. “It ruins the lives of talented young people and stigmatizes them for life. I’m just glad we prevailed in David’s case and he can carry on with his career.”

st paul

 

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  • Lucky — that’s a dealing charge, not possession.

    “David’s case is a perfect example of what is wrong with the War on Drugs,” Studenberg stated. “It ruins the lives of talented young people and stigmatizes them for life.”

    Well, that’s a point of view. There are those who say people peddling drugs are the ones who ruin the lives of young people. No probable cause? Maybe they smelled it.

    • “There are those who say people peddling drugs are the ones who ruin the lives of young people.”

      How many people like that are still around? It’s one thing to say that peddling hard drugs ruins the lives of young people, but now that cannabis has been legalized in whole states, decriminalized in others, and life goes on much as it did before, I suspect there has been a massive drop in people who believe that a guy just selling pot is doing great harm to society.

  • Very Lucky.

    He got away with it because of useless laws in the US.

    Peapole like this are a disgrace and he should be treated with the contempt he deserves.

    • Wow, I didn’t realize the protection of your rights by the US Constitution were useless laws, Tim. Thanks for clarifying! Also, do you think your uninformed opinions and insults show any amount of “grace” on your part?….

      • Police are allowed, in the UK, to search someone on suspicion of breaking the law as long as they have good prior knowledge.

        Anyone with that amount of drugs is guilty full stop and should be locked up. ANYONE with that amount of drugs in their car are SKUM

        Not my fault if other countries have such stupid laws. In particular Gun laws. It serves everyone right in the US when nutcases go round shooting people. They should change the law. When your constitution was written guns had to be loaded after each bullet. They never thought that machine guns and automatics would ever exist.

        It used to in your constitution, I believe, that men could beat their wives. That was changed so why not gun laws. The nut cases and morons in the NRA have my total contempt.

        So glad I’ve never wanted to visit the us. Full of Gun nuts, God nut, tea party nuts and a new one Trump nuts. What a degenerate mixed up country.

        • Way to stay on topic! There are so many things wrong with your rant that it isn’t even worth picking apart. “God nut” bless you sir, and good luck.

          ps- don’t worry, no one cares if you visit

          • He’s hardly that far wrong when the Congress refuses to alter gun laws to prevent people ON TERRORIST WATCH LISTS from some sort of screening before they can buy a gun.

  • What I’d like to know is why President Obama does not issue an Executive Order banning automatic weapons or is it that he dare not stand up to the morons in the NRA.

    As for drugs I, fortunately, still live in country where selling drugs is illegal.

    No wonder the US is in such a mess and where in some parts the social divide between the rich and the poor is worse then in some third world countries.

    Heaven help the world if that cretin Trump wins.

    • I’ll note that actual “automatic” firearms are already banned, no Executive Order needed.

      “Executive Orders” can be made in areas where Congress had explicitly delegated power to define the details and procedures of enforcement to the executive branch.

      Most laws have some of this delegation. However, in the field of gun rights, the Congress and the courts have whittled away the discretionary power of the Executive branch and have explicitly defined the crucial details themselves.

  • Once you funny little trolls get off your soapbox please note:

    1. This is about a cellist, not a terrorist
    2. This is about pot, not guns
    3. This is about the Fourth Amendment, not the Second Amendment
    4. I keep wanting to turn point no 1 into a viola joke somehow

    I’d personally rather live in a society where people smoke pot over a society where law enforcement are free to search you and your property without probable cause. But hey, who cares about opinions…. Over and out-

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