Benjamin S. Hollander, 35, of Owensville, has been charged with two counts of possession of a controlled substance following a March 5 traffic stop during which Deputy Ricky Jarvis discovered marijuana and meth.
Jarvis in his probable cause statement noted that he was traveling westbound on CR 727 when he observed a red 2002 Chevrolet 1500 pickup moving in the same direction ahead of him.
While following the truck, Jarvis noted the rear driver's side brake light and taillight were not functioning. The truck pulled off to the side and come to a stop. Hollander looked out the window at said something Jarvis could not make out.
At this time Jarvis initiated a traffic stop at the junction of CR 727 and Bacon Lane. Hollander told Jarvis he was pulling off because it looked like the deputy was in a hurry.
During the traffic stop, Jarvis said Hollander seemed to be nervous. His hands were shaking, and Jarvis observed Hollander's voice shake on a few occasions. Hollander said he was heading to Belle and Jarvis asked if he was taking the back way.
Hollander said he was coming from Mt. Sterling and that he always took this route. This was odd to Jarvis because this was a slower route common for people that want to stay off the main roads due to illegal activities.
While speaking with Hollander, Jarvis detected the odor of marijuana emitting from inside the vehicle. Hollander admitted there was marijuana in the vehicle but held up a card hanging from the rearview mirror, which Jarvis believed to be a medical marijuana card. Hollander said he only had marijuana that was in a baggie/glove.
During a MULES query on Hollander, Jarvis learned that Hollander had an active warrant out of Franklin County but they were outside of extradition limits, which meant there was no arrest made for the warrant.
After telling Hollander to take care of his warrant situation, he asked for his medical marijuana card, which Hollander did not have in his possession. Instead, he said the card he had shown Jarvis was his I.D. card for his place of employment. Hollander said he worked for a company in Cuba that grew and cultivated marijuana. He added that his girlfriend had her medical marijuana card and that the marijuana in the vehicle was hers. Hollander said she was with him earlier in the truck and forgot to take it with her when she got out. Further, he said he was en route to Belle to give it to her.
Hollander told Jarvis there was maybe a couple of grams of marijuana in the glove as he picked it up to show the deputy. He handed Jarvis the glove with the marijuana.
When asked if there was anything else in the vehicle, Hollander stated, "No sir."
Jarvis had probable cause to search the vehicle. While speaking with Hollander the deputy asked him if there was any more marijuana in the vehicle. Hollander said there was more of his girlfriend's marijuana in the backseat in a duffle bag. When asked how much more marijuana was in the vehicle, Hollander said, "I don't know, (a) quarter maybe, it looks like a lot, it's not a felony amount I can tell you that,” according to the probable cause statement.
Hollander said there were no pipes in the vehicle.
While searching the duffle bag in the rear seat of the truck, Jarvis located a clear plastic baggie containing 25.6 grams of a green leafy substance, In the same bag, he located another clear baggie containing a green leafy substance covered in a black oily substance with two clear capsules in it that weighed 5.9 grams. Hollander said the black substance was THC resin, and that he did not know it was in there.
All told, Jarvis seized 36.7 grams of a green leafy substance.
While searching the passenger side of the vehicle, Jarvis observed a green backpack that contained a "revolver grinder" in which was a green leafy substance.
Also in the backpack was a long black rubber hose with two fittings on either end. As Jarvis held it up to Hollander he said, "That's for dabs, but I don't have any though."
Jarvis pulled out a cylinder-like capsule that unscrewed. Hollander said it was for waterproof matches, and told Jarvis he was welcome to open it.
While pulling all these items out of the backpack, Hollander seemed to know what every item was, what was in each container and explained what everything was for, which Jarvis said led him to believe Hollander knew what was in this backpack, and used this backpack.
Jarvis also located a multi-colored metal smoking device that had a burnt green leafy substance.
At this time, the deputy located a clear plastic baggie containing a white crystalline substance that field-tested positive for methamphetamine. Hollander said he had no clue as to what the substance was, noting it was brother's backpack and he was cleaning it out, and going through it.
Hollander added, "I was cleaning out my brother's truck and put the backpack in my truck, you can drug test me right now, the only thing I will fail is for pot."
Hollander was placed under arrest and placed in the patrol car. While continuing to search the vehicle, Jarvis located a glass smoking device that field-tested positive for methamphetamine, under the rear seat of the vehicle inside a strip of bubble wrap.
Hollander explained away the presence of the pipe by saying, "Well that's where the backpack was, it's probably where it came from."
Jarvis noted this statement was the opposite of what Hollander had previously told him when he stated he had pulled the backpack out of his brother's truck and placed it in his vehicle.
Hollander was transported to the Osage County Jail, where he was booked and placed on a 24-hour hold, and then released pending formal charges.
Bond was set at $5,000 cash or surety.