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'There is no way,' former Oregon cop says regarding Elgin drug arrest

Was a Kane County sheriff's deputy on a fishing expedition in February 2014 when he pulled over a retired Oregon sheriff's deputy who is now accused of trafficking cocaine, marijuana, heroin and methamphetamine?

Or was Kane County Sgt. Ron Hain just doing good police work after he pulled over Floyd W. Marsh Jr. on suspicion of speeding in a construction zone?

Kane County Judge John Barsanti began hearing evidence this week in Marsh's move to quash his arrest and have drugs subsequently seized at storage lockers in Chicago and Milwaukee banned from court.

Marsh faces 12 to 60 years in prison if convicted of drug trafficking, but his attorneys argue Hain did not have probable cause to pull over Marsh on Interstate 90 near Elgin.

"He was not violating any laws. It was an illegal stop," argued Assistant Public Defender Brenda Willett. "He was unable to leave. There was no warrant for this arrest. There was no basis for the stop from the beginning, or the search."

At a hearing Wednesday, Marsh testified he was driving 44 mph in the 45 mph construction zone and that Hain was "argumentative" when they spoke.

Hain, a 14-year veteran and supervisor of the department's Special Operations Unit, testified Marsh was going 58 mph in the construction zone.

Attorneys played a squad car video recording of the traffic stop, but there was no audio of the 10- to 15-minute interaction between Hain and Marsh because Hain's body microphone was charging.

The audio on the video resumes when Marsh was put the back of Hain's squad car.

Once inside, Hain asks Marsh for a phone number of the person who owned two storage lockers that Marsh said he was driving to as a favor for a guy named "Jerry."

Hain also expresses doubt about an ID card for two handguns in the possession of Marsh, who retired in 2007 from the Clackmas County Sheriff's Department.

"Where's the storage facility you picked them up at?" Hain asks at one point.

"Am I under arrest?" Marsh replies.

"I'm just trying to make sense of the situation," Hain continues.

A drug-sniffing dog is eventually called, and Hain says on the video that dog gave a "very, very strong" alert to possible drugs, and that a search warrant would be needed to open them.

"There is no way, there is no way," Marsh says after being told he's under arrest. "I would never do this. There is no way this is legit."

Authorities found $80,000 in the two boxes, along with 55 pounds of marijuana worth $750,000 in a Chicago storage locker.

A search of a storage locker in Milwaukee rendered 6.3 pounds of methamphetamine, 5.7 pounds of cocaine and 2.4 pounds of heroin, authorities said.

The hearing will continue Nov. 13 when attorneys play the rest of the squad car video of Marsh and Hain.

Marsh's attorneys argue a warrant was needed to get information from Marsh's GPS and phone.

Marsh is being held on $15 million bail.

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