RALEIGH -- Drug charges were dismissed against three N.C. State University football players in Wake County district court Tuesday after a judge ruled an off-duty police officer had searched an off-campus apartment without following proper legal procedures, court officials confirmed.
Jake Vermiglio, Markus Kuhn and J.R. Sweezy were charged in April with possession of marijuana and drug paraphernalia, and maintaining a dwelling for the use of a controlled substance. Charges were dismissed against Vermiglio, Kuhn and Sweezy. A fourth player, George Bryan, faces a single charge of maintaining a dwelling for the use of a controlled substance in the same case and has a Sept. 3 court date scheduled.
The players were charged after an off-duty Raleigh police officer working security at the College Inn complex in the 2700 block of Western Boulevard reported smelling the strong odor of marijuana from the doorway of a third-floor apartment as he walked the hallway at about 1 a.m., according to a warrant
After knocking on the door and meeting the tenants to confirm the officer's observations, the warrant said, investigators seized three plastic bags filled with about six grams of marijuana, a "blunt" cigar stuffed with marijuana, two homemade bongs and other paraphernalia.
In court Tuesday morning, defense lawyers for the players argued that the arrests came after an illegal search. The lawyers' motion to suppress the evidence from the search was granted by judge Keith Gregory.
"Fortunately for us, we are a nation of laws, and it takes a highly courageous judge to follow those laws, especially when there's a case that has such high-profile status," said defense lawyer James Jackson, who represented Sweezy.
Wolfpack football coach Tom O'Brien said Monday - the day before the court appearance - that all the players will be with the team when it starts practice, and that Sweezy, who had been suspended, is off suspension.
This was the second time in two months that Sweezy had charges against him dismissed. On June 3, misdemeanor charges of assault and larceny were dismissed against Sweezy in Iredell County.
Those charges stemmed from a March 18 altercation with a shuttle bus driver in Mooresville. O'Brien handled their discipline internally, except for Sweezy, who was suspended after the Mooresville incident and missed some of spring practice as a result.
The players all have pivotal roles on the team. Vermiglio is N.C. State's only senior starter on the offensive line, and Sweezy and Kuhn have a chance to make a big impact this season after the Wolfpack lost all four of its defensive line starters from last season.
Bryan is a returning All-ACC tight end.
