Traffic stop leads to drug arrest, defense motions to suppress evidence

BONNERS FERRY — Lynn Hardwick, 64, is scheduled to appear in court on July 7; after being charged with four different counts with possession of a controlled substance, Hardwick’s lawyer has requested a motion to suppress evidence.

According to court documents, Bonners Ferry police officer Scott Davis responded to a dispatch on April 5 at 8 p.m. and conducted a registration check for a 1997 Lincoln Town Car. The plates came back, belonging to a green Jeep Cherokee.

Upon receiving the information, Davis pulled over the vehicle, which stopped at the Bonners Ferry Apartments, contacted the driver, Billy Mutter Davis, and informed him the license plates were fictitious. Also in the vehicle was Hardwick, who was in the passenger seat.

After being informed about the false license plates, Mutter stated the vehicle was not his but belonged to his friend, Royce Satterlund.

As stated in the court documents, Mutter was allegedly helping Royce Satterlund’s son, Colton Satterlund, pick up his girlfriend who lived in the apartments.

Mutter provided his driver’s license but had no proof of insurance or vehicle registration; Hardwick provided her license.

Boundary County Sheriff’s Deputy Corporal Mike Valenzuela arrived to provide backup for Davis. Valenzuela notified Davis that he spotted a Marijuana THC cartridge and a tooter.

Following the initial discovery, Valenzuela, upon being requested, began an exterior sniff with K-9 unit Buddy, who alerted officers to potential narcotics in the vehicle.

According to Davis, he instructed Mutter and Hardwick to exit the vehicle to be searched for weapons. Hardwick’s purse was holding about $3,000 and two marijuana joints. Hardwick was sent to the Boundary County jail after requesting to urinate.

While Hardwick was strip-searched by a jail personal, they reported to Davis they found a glass pipe with white crystalline substances inside Hardwick’s bra — testing determined it was methamphetamine.

Hardwick’s charges come with an enhancement because of previous substance felonies.

On June 15, Hardwick’s attorney, Michael Palmer, requested a motion to suppress evidence that included alleged contraband, noncontraband such as cellphones, currency and alleged stolen property and defendant’s statements in the presence of law enforcement.

The documents stated evidence must be suppressed because the stop or detention was made without reasonable suspicion, was improperly and unreasonably extended and the arrest was made without probable cause.

The memorandum continues to state the primary evidence and associated evidence obtained in violation of the fourth amendment. Saying the burden is on the state to prove the search or seizure was within reason.

Additionally, the argument being made in Hardwick’s defense states Davis unlawfully and unreasonably seized Hardwick when they took her identification but didn’t return it.

Other arguments raised include the violation of not wearing a seat belt, in which Davis requested Hardwick’s identification after she questioned the request.

According to the memorandum, the police officer stated she violated not wearing a seat belt, even though the vehicle was parked and that request for identification was no “voluntary or consensual.”

Arraignment is scheduled for July 7, and a motion to suppress hearing is scheduled for Aug. 4.