Drug Charges Against Flood Dismissed

The State Court of Appeals dismissed three drug charges against a man found guilty by a Putnam County criminal court jury.

Nicholas Ryan Flood argued that the car he was driving during a 2017 traffic stop along I-40 was searched illegally.

The court agreed finding the officer had extended a typical traffic stop into a drug investigation.

“It is clear that the detention exceeded the time and scope necessary to effectuate a traffic stop for speeding,” the opinion read. “Additionally, the defendant’s history of drug offenses was not sufficient to constitute the reasonable suspicion required to prolong a traffic stop in order to turn a routine traffic stop into a drug investigation.”

Further, the court found Flood had a right to privacy even though he did not own the car he was driving. The car belonged to Flood’s girlfriend who was in the car with him.

The incident happened in March, 2017, when Flood was pulled over by the Tennessee Highway Patrol for speeding. During a background check, the patrolman found Flood had committed multiple drug offenses in 2008. With the help of the Cookeville Police canine unit, Patrolman Joseph Williams initiated a search of a backpack in the car’s truck. It contained multiple controlled substances.

Flood was arrested for possession of over .5 grams of cocaine with intent to sell or deliver, possession of Alprazolam with intent to sell or deliver, and simple possession of Hydrocodone. Upon his conviction, Flood received a 17-year sentence.

Prior to his trial, Flood filed a motion to suppress “all evidence seized” during the traffic stop. However, the trial court found Flood could not challenge the search of the car because he did not own it. Further, the trial court said the stop was “not unreasonably long.”