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Man found guilty of LSD possession's motion to suppress overruled

A Washington County man, indicted for drug possession in the Athens County Court of Common Pleas, was denied Friday a motion to suppress evidence in the investigation.

Jeremy D. Cutshaw, 41, was found in possession of 794 hits of LSD, packaged in sheet form, after being pulled over in January for a minor traffic violation by Athens County Sheriff Deputy John Morris in Millfield, according to a previous Post article.

The evidence in question was found by a second officer who arrived on the scene with a drug dog “approximately five to seven minutes after the initial stop,” according to court documents.

Cutshaw brought the evidence into question, filing a motion to suppress to exclude the evidence from trial.

In a decision filed Friday by Judge L. Alan Goldsberry, the court overruled Cutshaw’s motion to suppress.

“The dog ‘alerted’ to the defendant’s vehicle, thus providing probable cause for its search,” Goldsberry wrote. “Paraphernalia was found in the vehicle’s passenger compartment, and the subsequent search of the trunk revealed the LSD underlying the pending felony drug charge. None of this was unlawful.”

Morris, when looking through Cutshaw’s vehicle, also found eight ounces of moonshine, a bag of white powder thought to be ketamine and $26,000 in cash, according to a Facebook post by Athens County Sheriff Pat Kelly.

Possession of LSD is a second-degree felony if someone has more than 250 hits.

Cutshaw will be appearing in court for a status conference on Oct. 3 at 10 a.m.

bl917911@ohiou.edu

@Branden_Lab

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