PANAMA CITY — A circuit court judge has determined the Bay County Sheriff’s Office conducted an “illegal search” to obtain evidence against a man accused of falsely acting as a bail bond agent, according to court documents.
Christopher Robert Smith, 31, was arrested for allegedly acting as a bail bondsman and taking people to jail in August 2012 after the Florida Department of Financial Services Division of Insurance Fraud complained to BCSO. However, Circuit Court Judge Brantley Clark agreed with Smith’s attorney that deputies arrested Smith and “conducted an illegal search of (Smith’s) home and vehicle prior to obtaining a consent to search,” according to court documents.
BCSO officials said the facts presented during the hearing misrepresented their officers’ actions.
During Smith’s trial this week on charges of acting as a bail bond agent without a license, false imprisonment and tampering with witnesses, jurors will not see evidence obtained in BCSO’s search.
Smith allegedly was acting as an unlicensed bail bond agent, which entailed apprehending two individuals and transporting them to jail. BCSO said he had pleaded no contest to a past felony, so he was not allowed to be licensed as a bondsman in the state or carry a firearm.
During the arrest, however, BCSO deputies brought Smith outside the house as they “extensively” searched his home and vehicle without a search warrant, according to defense attorney Lisa Ann Anderson.
“It is unknown how long (Smith) was held outside of his residence due to the BCSO’s use of ‘direct connect’ cell phones for communication and as such, there is no record of their location or other ascertainable way to determine the lapsing time,” the motion to dismiss the evidence states.
One neighbor also testified at a suppression hearing that they witnessed deputies searching while Smith was handcuffed and standing outside. Law enforcement eventually got a search warrant for the house, but the warrant was based on items found during the search, according to the motion.
Smith’s attorney demonstrated BCSO requested information on firearms before the time they received a search warrant for Smith’s home and vehicle.
However, BCSO officials said they had not obtained a search warrant until after the serial numbers were called in because Smith gave verbal and written consent to a search of his home and vehicle. During that time, the officers found a gun with the serial number filed off and a prescription pad. Smith even instructed officers how to enter his vehicle, which had numerous articles of clothing with a “fugitive recovery” inscription, according to Sheriff Frank McKeithen.
Once investigators allegedly located bottles of prescription medication in the kitchen, Smith amended his consent to search and the officers called for a search warrant based on the items they’d found during the consensual search, McKeithen said.
“We’re doing our jobs exactly the way we should be doing them,” McKeithen added. “I believe if the facts were presented accurately, it would show there was no illegal search.”
McKeithen said the BCSO’s case was further hampered by the absence of a Division of Insurance Fraud agent who was on Thanksgiving vacation and unable to testify during the motion hearing.
Smith also alleged his arrest warrant was based upon statements obtained by BCSO through deception. But the court determined he voluntarily made incriminating statements.
Jury selection concluded Monday in Smith’s trial, which is scheduled to begin Tuesday at 8:30 a.m.