Attorneys argue legality of drug search in former coach's case

The legal fate of a former Stuarts Draft junior varsity basketball coach facing drug charges remains undecided while a judge weighs arguments about the legality of a search that led to his arrest.

Seth Berry, 25, of Staunton, was caught smoking marijuana near his parked car at Glen Maury Park in Buena Vista, where a softball tournament was taking place Aug. 23, Buena Vista police said.

At issue in recent case filings is whether drugs gathered from Berry’s Chevy Tahoe will be suppressed as evidence.

After a postponed January hearing, defense attorney Frank Mika filed a motion to suppress the evidence because police did not properly identify the searched vehicle as Berry’s, searched it before placing him under arrest and gathered evidence from prohibited areas of the Tahoe.

Buena Vista Commonwealth’s Attorney Christopher Russell rebukes Mika’s motion, arguing officers had sufficient probable cause for the search.

Testimony from Buena Vista police described the arrest:

The town’s drug task force officer, Sgt. David Henson, was participating in the Chris Wheeler Memorial Softball Tournament when he observed Berry walking up to the passenger side of a brown Chevy Tahoe, which he reached into, pulling out “a marijuana smoking device” that he began to use to smoke.

Henson approached the car, identified himself and confiscated the device, waiting for marked units to arrive. Berry was not placed under arrest. Henson and two other officers searched the vehicle, finding a Stuarts Draft bag with scales, marijuana, two orange pills and a pill bottle with methamphetamine. Marijuana was also found in Berry’s pocket.

The findings led to Berry’s arrest on a misdemeanor charge of marijuana possession and felony charges of marijuana possession with intent to distribute, methamphetamine possession and possession of Adderall, a schedule I drug used to treat attention deficit hyperactivity disorder.

Citing several cases, Mika argues that even if Berry was considered under arrest before the search, only the passenger compartment of the vehicle could be searched.

Russell argues a warrantless search was justified because of the “readily mobile” nature of the Tahoe and that a full search was legal because Berry’s reach into the SUV suggests it was used for drug storage.

Berry, a Draft coach for three seasons and Rockingham County Baseball League player, was fired from his coaching position when school officials learned of his arrest.