Aden Holloway’s phone allegedly contained “drug transactions” previous to his Monday arrest on a felony drug cost, according to ESPN, however attorneys for the Alabama guard say the 21-year-old’s constitutional rights had been violated when police searched his dwelling.
Holloway was arrested Monday following that search. He was charged with first-degree possession of marijuana and failure to affix a tax stamp.
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The 2.1 pounds of marijuana allegedly found at Holloway’s apartment is significant, as any quantity 2.2 kilos or greater is taken into account sufficient to warrant a drug-trafficking cost in Alabama.
Holloway, a junior, was faraway from campus and was not together with his Crimson Tide teammates in Tampa, Florida, for his or her 90-70 first-round win over Hofstra within the NCAA tournament on Friday.
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According to charging paperwork, the West Alabama Narcotics Task Force discovered the “drug transactions” on Holloway’s phone after seizing $400 positioned in a jacket. Holloway mentioned he acquired the marijuana out of state for private use.
“The money is being seized due to seeing drug transactions on Holloway’s phone, with people texting that they were going to get up with him after the season,” mentioned a grievance filed by prosecutors on Friday. “Holloway had smaller denominations in his possession which is indicative of narcotic sales. The marijuana was in separate packing, from plastic bags to prepackaged marijuana to vacuum sealed bags.”
A “trash pull” carried out by police at Holloway’s house discovered marijuana and marijuana paraphernalia inside containers with the Alabama star’s identify on them in rubbish luggage. According to police, the rubbish was pulled following unspecified “complaints.”
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The pulling of trash violated Holloway’s constitutional rights, in keeping with his legal professional, Jason Neff, who added he’ll search to have what police present in Holloway’s house disallowed because the authorized course of strikes ahead.
“In review of the probable cause [search warrant], once this case moves forward, we would challenge the basis of the search with a motion to suppress evidence for the violation of his Fourth Amendment [rights],” Neff told ESPN.
The Fourth Amendment protects residents towards “unreasonable searches and seizures.”
Neff additionally mentioned that he’s trying to meet with Alabama faculty officers subsequent week in hopes of overturning the ban on Holloway attending lessons, which might doubtlessly permit him to swimsuit up once more for the Crimson Tide ought to they attain next weekend’s Sweet 16.
Alabama coach Nate Oats mentioned earlier than the Hofstra recreation that he nonetheless helps Holloway.
“I’ve got three daughters; they’ve made mistakes,” Oats mentioned. “You don’t disappear on them when they need your help. I won’t be disappearing on him. I talked to him yesterday morning on the phone and the night before that. I’ve talked to him every day. I’m going to continue to talk to him, love him, help him through this, and we’ll see where it all takes him.”
First-degree possession of marijuana in Alabama is a Class C felony within the state. If Holloway is convicted, he might withstand 10 years in a state penitentiary and as much as a $15,000 advantageous. He might additionally obtain a six-month driver’s license suspension and must take obligatory drug-awareness lessons, per Polson law firm.
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Holloway was bonded out of Tuscaloosa County jail early Monday morning. His bond was set at $5,000.