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Expert: Drug dog didn't alert in 2014 Elgin traffic stop

A drug dog training expert testified Thursday that a drug-sniffing dog did not give an alert justifying a February 2014 vehicle search on I-90 near Elgin in Kane County.

William Floyd Marsh Jr., a retired Oregon sheriff deputy facing drug trafficking charges, has argued his Fourth Amendment rights against unreasonable search and seizure were violated during the traffic stop in which authorities seized two guns, $80,000 suspected for money laundering, and obtained information that prompted searches of storage lockers in Milwaukee and Chicago.

Marsh, 58, of Creswell, Oregon, wants evidence seized from the two lockers - a total of 6.3 pounds of meth, 5.7 pounds of cocaine, 2.4 pounds of heroin and 55 pounds of marijuana - banned from being used as evidence against him.

Jim Stenfeldt, who has trained dogs for 30 years, including some for Virginia prisons and the Drug Enforcement Administration, testified he watched the squad car video 15 times and noted the drug sniffing dog failed to alert on three laps around Marsh's pickup truck. Stenfeldt also said he believed the officer was directing the dog to the vehicle, and the dog was not acting independently of its master.

"There was not an alert that I could see," Stenfeldt said.

Assistant Public Defender Jillian Weiss argued the arresting officer, Kane County Deputy Ron Hain, wrote a book revealing his bias toward seizing drugs and cash and regularly goes on "fishing expeditions" on I-90 and I-88, pulling over and harassing drivers who are generally from other states.

"Not only does (Hain) go for the big score, he enjoys the fame," Weiss said. "This is an officer who believes the ends justify the means. Stop people and find a reason later."

Assistant State's Attorney Bridget Sabbia argued authorities did have probable cause to pull over Marsh, that Marsh lacked proper identification to carry to loaded guns - thus prompting the search - and the dog alerted deputies to the odor of narcotics.

"This is not a case about an overzealous cop," Sabbia said. "This is a case about a criminal who is a retired cop."

Marsh has been held at the Kane County jail on $15 million bail since his arrest. The case is due back in court on Feb. 11 when prosecutors will finish their arguments on why the search was legal.

It is not clear whether Judge John Barsanti will rule that day or take the matter under advisement.

If convicted of the most serious charges, Marsh faces 12 to 60 years in prison.

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