A judge has dismissed charges against a man who police said possessed methamphetamine and firearms.
However, Gregory F. Butler II, 23, will still go to trial Sept. 25 in Clay County Court on a felony fleeing charge.
Butler was previously charged in Clay County with a third-degree controlled substance crime, possessing a bullet-proof vest while committing or attempting to commit a crime, and receiving stolen property.
Judge John Pearson dismissed the weapon and drug charges last week, saying the authorities did not have a warrant needed to enter the hotel room where Butler was staying.
Court documents say:
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Police went to a Moorhead motel March 11 on a report that Butler, who was wanted on Cass County warrants, was in the area.
When Butler didn't answer the door, an officer was sent to secure a search warrant.
While that officer was gone, Butler opened the door.
Officers handcuffed Butler, then searched the room, finding nine different firearms, including a revolver reported stolen out of Montana in 1990. Police also found a bulletproof vest and bags containing meth.
Butler was arrested at the motel but later released after posting $50,000 bond. More charges were filed later against him in Clay County accusing him of failing to show up for a court hearing and fleeing from an officer in a motor vehicle.
All evidence from March 11 was obtained from a warrantless search and must be suppressed, Pearson ruled.
Assistant Clay County Attorney Gregg Jensen said he is considering appealing the judge's decision.
The motel room was registered under another person's name and police entered to make sure it was secure, he said.
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"They know this guy (Butler) is armed to the teeth and there is someone else there (in the room)," Jensen said.
