Southeast's former DPS director seeks to suppress evidence in DWI case

The former director of public safety at Southeast Missouri State University has asked a judge to suppress evidence in his driving-while-intoxicated case.

James Douglas Richards is seeking to suppress the use of all evidence “resulting from the unlawful” stop and seizure of defendant’s vehicle, according to a motion filed by his lawyer, Malcolm Montgomery.

The motion was filed last week in Cape Girardeau County Circuit Court.

Richards was arrested at 10:30 p.m. Nov. 12, 2015, on misdemeanor charges of driving while intoxicated and failing to drive on the right half of the roadway.

Richards was placed on medical leave and relieved of his duties by the university.

University spokeswoman Ann Hayes said Nov. 13, 2015, Richards was resigning as of Dec. 1, 2015, “for the purpose of retirement.”

According to the lawyer’s motion, the arrest and detention of Richards was made “without legal authority.”

Montgomery wrote the arrest and detention of his client was “illegal, unconstitutional and unreasonable.”

According to the motion, no offense was committed in the officer’s presence, the arrest was made without probable cause, the detention was without legal justification, officers had no warrant for arrest and/or the arrest came after the search and seizure.

The then-public safety director was arrested at Pacific and Good Hope streets after a person in another car reported Richards was impaired and committing traffic violations, according to a subsequent news release from Cape Girardeau police.

According to a probable-cause statement filed in the case, Richards said he was prescribed a generic version of Xanax, a Schedule IV narcotic, and had taken one tablet of the drug within two hours of his arrest.

mbliss@semissourian.com

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