A defense attorney facing drug charges is asking a Faulkner County judge not to allow prosecutors to search his phone.
William Curtis Bailey, 35, is currently being held in the county jail in lieu of a $15,000 bond. He faces charges of delivery of meth or cocaine, illegal use of a communication facility and possession of drug paraphernalia.
On Monday, Defense Attorney Darrell F. Brown Jr. filed a motion requesting Circuit Judge Charles “Ed” Clawson Jr. not allow prosecutors to search Bailey’s phone.
The defense argues Bailey’s phone was illegally taken in as evidence.
Brown requested Clawson “quash the warrant or subpoena allowing access to the device or appoint a special master to oversee the delineation of privileged/protected information and that which may have relevance to the charges facing the defendant and it is believed may constitute a violation of the protect persons constitutional rights.”
Brown said prosecutors should not be allowed to search Bailey’s phone because he has client information “which would not be subject to or relevant in the present case” on his phone.
Brown said he filed the motion “in the interest of justice” to protect Bailey’s clients’ privacy.
The confidential information is scattered throughout Bailey’s phone, according to the motion.
Brown said: “Law enforcement nor the prosecution should be privy to or have access to said information, which may be contained in emails, voicemails, online files [accessible] from the device or other forms of data storage contained in the device, which does not pertain to the current case or any ancillary investigation.”
Bailey was arrested Feb. 9 after allegedly selling meth to a confidential informant.
The Conway Police Department Narcotics Division asked the confidential informant to attempt to buy meth from Bailey, according to a police report.
The informant asked Bailey to buy an “8-ball,” or 3.5 grams of meth, but Bailey said he didn’t have that much, the report stated. However, Bailey reportedly agreed to meet the informant with about one gram of meth.
An undercover narcotics officer waited with the informant at the designated meeting place and witnessed the drug deal, according to the report.
A search of Bailey’s vehicle “revealed six unused syringes, which Bailey stated belonged to his diabetic wife,” the report stated.
Bailey is set to appear next in Faulkner County Circuit Court for a pretrial hearing at 9 a.m. April 12.