CHARLES CITY, Iowa – Drug charges have been dropped against a Floyd County man after evidence is suppressed.
Things started with the October 2016 theft of a police badge from a memorial plaque in Charles City City Hall. 34-year-old Isaia Weber of Charles City pleaded guilty to 5th degree theft and 5th degree criminal mischief for that crime and received 20 days in jail.
Police say Weber told them he sold the badge to 31-year-old Kory Sheldon Peterson of Charles City for $20. A search warrant to look for the badge was issued for Peterson’s home and he reportedly told officers they could find the badge in the living room. A search of Peterson found a small tin in the left pocket of his pants. Inside the tin were baggies of methamphetamine and marijuana. Police said a further search of Peterson’s garage uncovered almost 85 grams of marijuana.
He was charged with two counts of controlled substance violation and one count of failure to affix a tax stamp.
Peterson’s defense attorney moved to suppress the evidence because the tin in Peterson’s pocket as too small to hold the stolen badge. Peterson’s lawyer argued the police had no probable cause to look inside the tin and without the evidence of drugs inside it, they had no probable cause to conduct a search of the garage.
A judge agreed and threw out the drug evidence against Peterson. That led the Floyd County Attorney’s to dismiss all charges.