Aden Holloway was arrested Monday on felony drug charges after his cellphone allegedly contained a “drug deal,” but the Alabama state trooper’s attorney said the 21-year-old’s constitutional rights were violated when police searched his home, ESPN reported.
Holloway was arrested Monday following the search. He was charged with first-degree possession of marijuana and failure to affix a tax stamp.
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The 2.1 pounds of marijuana allegedly found in Holloway’s apartment is a large amount, as anything 2.2 pounds or more is considered enough to file drug trafficking charges in Alabama.
Holloway, a junior, was not with his Crimson Tide teammates during Friday’s 90-70 win over Hofstra in the first round of the NCAA tournament in Tampa, Florida.
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According to charging documents, the West Alabama Drug Enforcement Task Force discovered “drug transactions” on Holloway’s phone after seizing $400 in one of her jackets. Holloway said he took the marijuana out of state for personal use.
“The money was seized because a drug transaction was seen on Holloway’s phone and someone texted him saying they were breaking up with him after the season,” the indictment filed Friday by prosecutors said. “Holloway was in possession of smaller denominations of marijuana, indicating drug sales. The marijuana was individually packaged, ranging from plastic bags to prepackaged marijuana to vacuum-sealed bags.”
Police conducted a “trash sweep” at Holloway’s apartment and found marijuana and marijuana paraphernalia in trash bags with the Alabama star’s name on the containers. According to police, the trash was pulled away following an unspecified “complaint.”
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Holloway’s attorney, Jason Neff, said the dumping violated his constitutional rights. He added that he would seek to ban the rubbish found by police in Holloway’s apartment as the legal process progressed.
“Review of probable cause [search warrant]once the case moves forward, we will challenge the basis of the search through a motion to suppress evidence that violates the Fourth Amendment [rights],” Neff told ESPN.
The Fourth Amendment protects citizens from “unreasonable searches and seizures.”
Neff also said he plans to meet with Alabama school officials next week in hopes of overturning Holloway’s ban from attending classes, which could allow him to suit up again when the Crimson Tide reaches the Sweet 16 next weekend.
Alabama head coach Nate Oates said before the Hofstra game that he still supports Holloway.
“I have three daughters; they all make mistakes,” Oates said. “You don’t disappear on them when they need your help. I’m not going to disappear on him. I talked to him on the phone yesterday morning and the night before. I talk to him every day. I’m going to continue to talk to him and love him and help him through this and we’ll see where this all takes him.”
In Alabama, first-degree possession of marijuana is a Class C felony in the state. If Holloway is convicted, he could face up to 10 years in state prison and a fine of up to $15,000. He may also lose his driver’s license for six months and must attend mandatory drug awareness classes, according to the Poulsen Law Firm.
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Holloway was released from the Tuscaloosa County Jail early Monday without bond. His bond was set at $5,000.