Kentucky man arrested with 78 pounds of pot

2010-09-15T19:00:00Z 2010-09-15T22:37:35Z Kentucky man arrested with 78 pounds of potJournal staff Rapid City Journal
September 15, 2010 7:00 pm  • 

A man claiming to be a professional disc golfer was arrested Monday east of Rapid City after a South Dakota Highway Patrol officer found 78.5 pounds of marijuana in his sports utility vehicle.

Jeffrey Layland, 30, of Bowling Green, Ky., was stopped for speeding at mile post 67 by patrolman Matthew Oxner.

According to Oxner’s probable-cause affidavit, Layland told Oxner he was returning from a professional disc golf tournament in Missoula, Mont.

Layland refused to let Oxner search his SUV. Oxner’s drug dog detected marijuana during a perimeter search of the vehicle. A search of the SUV and its roof rack revealed marijuana stowed in a rear passenger’s door and luggage rack.

Layland is charged with a Class 3 felony for possession with intent to distribute 1 pound or more of marijuana and two misdemeanor charges for possession of marijuana and possession of drug paraphernalia. The felony charge carries a maximum penalty of 15 years in prison.

Layland is free on a $30,000 bond.

 

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(37) Comments

  1. notbuffaloed
    Report Abuse
    notbuffaloed - September 22, 2010 6:47 pm
    Here is an idea......why don't we leagalize marijuana and use the taxes collectedd on it to battle the real drugs like Meth, Cocaine, Heroine etc. Might help trim down the prison population too!
  2. devils advocate
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    devils advocate - September 22, 2010 4:23 pm
    kinda curious,
    why do conservatives who supposedly want less government intrusion into their business and personal lives, support limiting the rights of citizens to injest or inhale substances into their own body as they see fit? Or want to get government inbetween a woman and her Dr? anyone?
  3. snowbunni
    Report Abuse
    snowbunni - September 21, 2010 9:18 pm
    Glock10mm said: ""On their very best day they get maybe 10% of the supply..."And I salute and thank the brave LE folks doing this dirty work. 10% is better than 0%. Keep up the good job and keep sending these drug traffickers off to prison where they belong. For the rest of you who desire to live in an America permeated by legal drug use and red light districts around every corner, there's this place called Amsterdam that you might want to check out. You'd fit in perfectly there."

    you are so right
  4. snowbunni
    Report Abuse
    snowbunni - September 21, 2010 9:16 pm
    happyguy said: " BushLeague , Maybe Oxner is the one with the drug dog....I do not think that all officers are assigned one.So he pulled someone over for speeding, they refused to allow search, he became suspicious with cause and brought out the dog, the dog alerted and the illegal substance was found and arrest was made. Repeat,illegal substance.It appears to me as Oxner is simply doing his job, and a good job at that. When I worked Civilian at Ellsworth, I rode my motorcycle one day and was stopped at the commercial gate for a sniff from the dog. He started barking wildly at one of my saddlebags. I asked the officer if he wanted me to open it, and he said no, a dog alerts to drugs by suddenly sitting down quietly and waiting for his treat. He was barking at the smell of my lunch !! So I was allowed to continue on. Moral of the story, do not carry drugs, and you will not be arresed for carrying drugs. Do not speed and you will not be pulled over for speeding..."

    agreed
  5. StoneySalad
    Report Abuse
    StoneySalad - September 21, 2010 2:33 pm
    I like you too, Jonesi. And I agree that if a law is on the books that gets broken, enforcement should happen. I however also believe that some laws need to be scrutinized, changed and/or repealed, it is called legislating. I would think that even the most conservative folks could see the waste of tax dollars the failed "war on drugs" is. I know admiting defeat is not in thier nature, which I also find respectible, as I am a bit of a stubbern old man myself.

    However I am not a Liberal at all. I hate wated government Tax doll
  6. jonesi
    Report Abuse
    jonesi - September 21, 2010 1:47 pm
    StoneySalad wrote - "One down at a cost of around $150,000 to tax payers for a non violent offender... Millions to go."

    I like you libs that want to look the other way when someone breaks (yes this is a law on the books) the law, but won't think twice to punish hard working Americans that make good money, by taxing them more and more because of their success. What is wrong with this picture?
  7. Gadfly123
    Report Abuse
    Gadfly123 - September 21, 2010 1:28 pm
    GLOCK10MM: I am so glad that someone come out to engage on this but somehow you missed my points main points:

    To my assertion: The War on Drugs is the most monumental public policy failure of the last 100 years:

    You response: 10% is better than 0%.

    To my assertion that this is not a problem that law enforcement can solve (clearly): 10% is better than 0%.

    I am not sure I really understand the mathematical principals underlining your assertion that “10% is better than 0%” nor do I recall insinuating that the Law Enforcement Officers involved in this were not “brave”. Most law enforcement officers do their job just like most workers in any endeavor. It’s not up to them to decide policy, that’s up to us the voters. I’m not sure where that came from. This is not an ant- law enforcement thing it is an anti- current-not-working-drug policy thing and It is part of a healthy democratic debate on a subject that can reasonably be debated. There is an organization you can google called LEAP--"Law Enforcement Against Prohibition". There is some REALLY good information there. check it out.

    What I'm saying in a nutshell is this:

    When the American Taxpayer shells out 20 BILLION dollars a year for something, ANYTHING they expect a result. A million additional people in jail (since the early eighties) and no discernible change in supply or price of drugs is not an acceptable result. It is in fact, less than nothing and zero WOULD be better than 10% because the cost of getting that 10% brings unbearable costs in terms of unnecessary human misery and untold BILLIONS of taxpayer dollars. The net increase in human misery as a result of the misguided strategy of the “War on Drugs” is overwhelmingly expensive and by any measure you can cite, not working .

    There is no metric by which this can be measured where success can be inferred. The “zero tolerance lock ‘em up approach” to solving the problem of drug abuse has failed and failed in a spectacular way. In 100 years drug laws will look nothing like they do now. The failure of this approach, the “War on Some Drugs” will reside on the scrap-heap of history along with prohibition, “The Great Society” (another “war” this one on Poverty), and a dozen or so other government solutions to social problems. The sooner society at large figures this out (and they rapidly are) the better. Get on board. If you have some information that shows that the approach we have taken is working, we’d all love to see it.

    This whole “Amsterdam” thing has me a bit puzzled as well. I can assure you that beautiful city is way, way more engaging and scenic well beyond its fabled red light districts and coffee shops and unless you go looking for them, you won’t find them. Anyone would love to spend a day or week there amongst its beautiful architecture, museums, squares and food. You can certainly do so without having to feel any affects from their somewhat different drug laws. There is also an entire European Union country that has completely changed it’s approach to drug abuse and that program is working perfectly fine just like it does in Amsterdam. It certainly works better than anything being attempted here. Way better and way cheaper with declining incarceration and use rates along with declining costs. These are the issues.

    If you are just hell bent on punishing everybody who chooses different intoxicants than you approve of well then that is completely different matter. The only problem with that is that fifteen million of your fellow citizens choose marijuana as their intoxicant of choice and only about 750,000 of them are in jail for pot right now. Only fourteen million two hundred fifty thousand more to go.
  8. StoneySalad
    Report Abuse
    StoneySalad - September 21, 2010 12:27 pm
    One down at a cost of around $150,000 to tax payers for a non violent offender... Millions to go.
  9. Think it through
    Report Abuse
    Think it through - September 20, 2010 4:07 pm
    I agree with Cummalitive Points: Kudos to our men and women putting themselves in harms way to protect the citizens of South Dakota.
  10. jonesi
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    jonesi - September 20, 2010 2:50 pm
    Yes Glock some of the same people that want drugs to flow freely on our streets believe our brave young soldiers are wasting their time fighing for our freedoms. Kind of takes me back to the late 60's and early 70's. I guess some of those Old Hippies never grew up.
  11. Glock10mm
    Report Abuse
    Glock10mm - September 20, 2010 11:26 am
    "On their very best day they get maybe 10% of the supply..."



    And I salute and thank the brave LE folks doing this dirty work. 10% is better than 0%. Keep up the good job and keep sending these drug traffickers off to prison where they belong. For the rest of you who desire to live in an America permeated by legal drug use and red light districts around every corner, there's this place called Amsterdam that you might want to check out. You'd fit in perfectly there.

  12. Gadfly123
    Report Abuse
    Gadfly123 - September 17, 2010 6:00 pm
    You know what, you're all right. The Constitution clearly has and continues to be debased here in S.D. and clearly, without question S.D. Police push the law right up to it's legal limit and sometimes over. What's really sad is that nothing will change. S.D. will waste money keeping this poor dumb guy in jail. The Police will continue doing their jobs and feel righteous about doing doing so (and rightly so) and our rights will continue, slowly but surely to erode. WMDIA is probably right. Did you know that recently police in Kentucky or Tennessee requested THE PRESCRIPTION DRUG RECORDS OF EVERYONE IN THE STATE. Now if that doesn't scare you to death nothing will. They just might get them. Then, yes sir the police will be coming in houses, you betcha.

    BUT, BUT because the so Called "war on Drugs" is the most monumental public policy failure of the last 100 years there will continue to be a plentiful, profitable uninterrupted supply of drugs of every kind just about everywhere, especially South Dakota. The War on Drugs is a miserable failure. It is tearing at the fabric of our Democracy, it is de-stabilizing entire countries, inflicting tens of thousands of casualties while simultaneously wasting billions of dollars. The only people it benefit are the (in order of magnitude of benefit)

    The Drug Dealers
    The Coffin Makers
    Law Enforcement Employee Unions
    Contract Prison Companies
    Public Prison Employees
    People who sell to the above.

    The beat goes on. This is not a law enforcement problem and law enforcement can never solve it. On their very best day they get maybe 10% of the supply and nothing changes. Meanwhile the numbers of people abusing drugs goes up or down in proportion to demographics and other factors but the so called "war" has little to no real affect. It does nothing but divide us and extract a terrible toll in lives and treasure. Wake up and change the approach before its too late. The War on Drugs is destroying our Democracy.

  13. Bing
    Report Abuse
    Bing - September 17, 2010 4:08 pm
    Why did the person deny the officer the search, because he has the right to. So innocent until proven guilty doesn't stand up in the bad streets of SD. Simply denying a search should not be a reason to search. I'm still waiting to hear that he smelt the MJ, saw blood shot eyes, something that would actually warranty 'probable cause.' Most likely we won't hear that here.
  14. happyguy
    Report Abuse
    happyguy - September 17, 2010 1:42 pm
    BushLeague , Maybe Oxner is the one with the drug dog....
    I do not think that all officers are assigned one.
    So he pulled someone over for speeding, they refused to allow search, he became suspicious with cause and brought out the dog, the dog alerted and the illegal substance was found and arrest was made. Repeat,illegal substance.
    It appears to me as Oxner is simply doing his job, and a good job at that.
    When I worked Civilian at Ellsworth, I rode my motorcycle one day and was stopped at the commercial gate for a sniff from the dog. He started barking wildly at one of my saddlebags. I asked the officer if he wanted me to open it, and he said no, a dog alerts to drugs by suddenly sitting down quietly and waiting for his treat. He was barking at the smell of my lunch !! So I was allowed to continue on.
    Moral of the story, do not carry drugs, and you will not be arresed for carrying drugs. Do not speed and you will not be pulled over for speeding...
  15. BushLeague
    Report Abuse
    BushLeague - September 17, 2010 12:38 pm
    KRUSTY said on: September 16, 2010, 2:35 pm
    The individual falsely assumed South Dakotans already voted to pass ol' #13. The 78 Lbs of confiscated doo will obviously be sold for medicinal purposes to the highest bidder, and the state will reap the benefits. And the only cost incurred by the state is the wages of the Trooper, some gasoline, some court costs, and Kibbles for Fido.

    Way to go SDHP - - keep up the good work.
    -----------------------------------------
    Obviously you have not read 13. If you did you would know that the only way to get medicinal MJ is to grow it yourself or sign your rights over to a care taker so they can grow it for you. No where in the bill does it say that it will be legal to buy and sell pot, so no dispensaries. The only legal way to do it is to grow it or have someone grow it for you. I'm not trying to make you look dumb, just setting the facts straight. Oh and the part about the state selling pot, that will never happen. You also forgot to mention the caost of incarcerating this guy for the next five years, $40,000 a year x 5 years = $200,000. That's a little more than you pointed out. Also, why is it every drug bust on the interstate around RC is done by Trooper Oxner? Seems strange to me that he is so good at profiling, ah, oh, eee, I mean being able to randomly pick out cars with out of state license plates.
  16. jonesi
    Report Abuse
    jonesi - September 17, 2010 12:31 pm
    Kromag wrote - "Example,,,complaining about the health care bill while they get free healthcare themselves.. The hypocracy just floors me!!!"

    Who do you know that is getting free healthcare other than people on welfare?

  17. Kromag
    Report Abuse
    Kromag - September 17, 2010 11:27 am
    Bing said: "Censored again. Let's try again.I find it funny that the people who are 'conservatives' and 'constitutional conservatives,' who supposedly want 'less gov't in their lives, support the supreme courts overreach. Turning the constitutions 'probable cause' into a widely accepted 'reasonable suspicion'. It's an awful way to circumvent the constitution. It's not right."

    Well said I've known a few "constitutional conservatives" They tend to flip flop alot. They cry alot if somebody else gets ahead but at the same time they take what they can and dont complain about that.
    Example,,,complaining about the health care bill while they get free healthcare themselves.. The hypocracy just floors me!!!

  18. Bing
    Report Abuse
    Bing - September 17, 2010 9:17 am
    Censored again. Let's try again.

    I find it funny that the people who are 'conservatives' and 'constitutional conservatives,' who supposedly want 'less gov't in their lives, support the supreme courts overreach. Turning the constitutions 'probable cause' into a widely accepted 'reasonable suspicion'. It's an awful way to circumvent the constitution. It's not right.
  19. Glock10mm
    Report Abuse
    Glock10mm - September 16, 2010 4:58 pm
    "...those stories don't make the news."



    Because they are boring and irrelevant.

  20. WMDMIA
    Report Abuse
    WMDMIA - September 16, 2010 2:43 pm
    To Roland Thank for defending and explaining my argument with a clarity that I couldn't express.
  21. KRUSTY
    Report Abuse
    KRUSTY - September 16, 2010 2:35 pm
    The individual falsely assumed South Dakotans already voted to pass ol' #13. The 78 Lbs of confiscated doo will obviously be sold for medicinal purposes to the highest bidder, and the state will reap the benefits. And the only cost incurred by the state is the wages of the Trooper, some gasoline, some court costs, and Kibbles for Fido.

    Way to go SDHP - - keep up the good work.
  22. Roland
    Report Abuse
    Roland - September 16, 2010 1:22 pm
    WMDMIA said: "To Wydomrk I understand that a Conservative Supreme court ruled in favor of this type of unconstitutional search. What concerns me is that the State Police not only use this type of search but that they abuse it by searching people who drive a certain care or have a certain look. If this continues, with the conservative Supreme Court we have they (The Police) will soon be entering your homes without cause justifying it in the name of public safety. This is what happens to free nations when the people living in them get frightened. They are always willing to give up more of their freedoms if it means more security. And the way our government works they, our elected officials are always willing to take more of the peoples freedom if it means getting elected. "

    Do you have any facts to back up your statement, or are you just profiling the police?

  23. WMDMIA
    Report Abuse
    WMDMIA - September 16, 2010 12:55 pm
    To Wydomrk I understand that a Conservative Supreme court ruled in favor of this type of unconstitutional search. What concerns me is that the State Police not only use this type of search but that they abuse it by searching people who drive a certain care or have a certain look. If this continues, with the conservative Supreme Court we have they (The Police) will soon be entering your homes without cause justifying it in the name of public safety. This is what happens to free nations when the people living in them get frightened. They are always willing to give up more of their freedoms if it means more security. And the way our government works they, our elected officials are always willing to take more of the peoples freedom if it means getting elected.
  24. Kromag
    Report Abuse
    Kromag - September 16, 2010 12:34 pm
    Good job HP one less druggy to contend with. Where ever this pot was going theres gonna be alot of cranky potheads suffering from headaches due to 78 less pounds fa sureeeeeeeeeee lol lol.
  25. Wydomkr
    Report Abuse
    Wydomkr - September 16, 2010 11:38 am
    WMDMIA

    That's part of the problem, they don't need probable cause to have the drug dog make a walk around of the vehicle, they are not intruding into his protected space, but when that dog makes a "hit", real or imagined, that's all the probable cause they need.

    I'm sure statistics aren't kept, but it would be interesting to know how many times a drug dog gave an indicator and nothing was found, those stories don't make the news.
  26. Roland
    Report Abuse
    Roland - September 16, 2010 11:11 am
    Bing said: ""According to Oxner’s probable-cause affidavit, Layland told Oxner he was returning from a professional disc golf tournament in Missoula, Mont."How is this probable cause? I think it's called profiling."

    That wasn't his PC, it was just mentioned in the report.
  27. Roland
    Report Abuse
    Roland - September 16, 2010 11:09 am
    WMDMIA said: "He was stopped for speeding. So what was the probable cause that justified a drug dog search? "

    They don't need PC to run a dog around the car.



  28. happyguy
    Report Abuse
    happyguy - September 16, 2010 11:00 am
    Way too much sympathy here for the poor drug dealer. Do you think is rights were violated?
    Come on !!!
    I pay my taxes happily so it will support this officer in doing his job. I am glad that 78 pounds of illegal substance is off the market.
    Good job law inforcement !!
  29. WMDMIA
    Report Abuse
    WMDMIA - September 16, 2010 9:36 am
    He was stopped for speeding. So what was the probable cause that justified a drug dog search?
  30. Wydomkr
    Report Abuse
    Wydomkr - September 16, 2010 8:21 am
    OK Actions, I will.

    The guy was stopped for speeding, why would there be a need to search his vehicle, other than he had out of state plates.

    Have you been stopped for speeding? Did they search your vehicle?

    Yes, the drug dog did pick up on something in the vehicle, but that was obviously after the guy refused to give his consent to the search. After the drug dog picked up on something, then the officer didn't need his permission any more.
  31. Bing
    Report Abuse
    Bing - September 16, 2010 8:20 am
    "According to Oxner’s probable-cause affidavit, Layland told Oxner he was returning from a professional disc golf tournament in Missoula, Mont."

    How is this probable cause? I think it's called profiling.
  32. Actions Speak Louder Than Words
    Report Abuse
    Actions Speak Louder Than Words - September 16, 2010 7:42 am
    Excellent work! Surprised no one has written in yet complaining about how our troopers stop people needlessly violating rights, yadda yadda yadda. . . You would think that someone carrying drugs, etc., wouldnt do anything to attract the attention of our troopers.
  33. Nelag T
    Report Abuse
    Nelag T - September 16, 2010 7:07 am
    He's not the sharpest knife in the drawer...if you are carrying 78 lbs of pot, don't:
    1) Speed
    2) Tell the officer you are professional disc golfer
    3) Say you were coming from Missoula, MT

  34. Cummalitive Points
    Report Abuse
    Cummalitive Points - September 15, 2010 10:49 pm
    Great work by our state troopers!!!!!!!!!!!
  35. shunkaska
    Report Abuse
    shunkaska - September 15, 2010 9:36 pm
    That is one heck of a first place prize.....
  36. JD Anoniem
    Report Abuse
    JD Anoniem - September 15, 2010 8:38 pm
    Rush Mountmore said on: September 15, 2010, 7:11 pm
    $30,000 bond? He won't be back to South Dakota any time soon.---I think you are giving this individual far too much credit, Rush. After all he was carrying 78 pounds of pot in his vehicle and thought that speeding was the way to go!
  37. Rush Mountmore
    Report Abuse
    Rush Mountmore - September 15, 2010 7:11 pm
    $30,000 bond? He won't be back to South Dakota any time soon.
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