One area school teacher's "extracurricular" activities have landed her in big legal trouble. Piedmont High School teacher Misti Bynum, 37, Edmond, was arrested last week on complaints of possession of a controlled dangerous substance (CDS) and possession of drug paraphernalia after a traffic stop for a broken brake light. She was booked into the Oklahoma County Jail on April 30 and released the following day after posting $3,500 bail.
Bynum continued working at the high school after her arrest until Monday, May 6, when the school district became aware of her arrest. On Tuesday, other teachers told students that Bynum no longer worked at the school. Piedmont Schools Superintendent James White would not comment on Bynum's employment status, saying the district cannot address personnel issues. However, he assured concerned parents, "We're doing everything within the law to protect the safety and well-being of our students."
Police say Misti Bynum was observed leaving a "known drug house" in southeast Oklahoma City. She was pulled over a short time later for a defective brake light. According to police reports, an officer noticed Bynum's cell phone lying in the passenger seat of the vehicle, which lit up with a text message that read, "50 tabs for $400." A search of the cell phone found several messages that indicated that Bynum was trading the prescription painkiller Lortab for meth. Police requested a drug dog to search her vehicle. The search uncovered a baggie and straw with methamphetamine residue in Bynum's purse. She was arrested for meth possession and possession of paraphernalia and cited for her defective brake light.
When pulling a person over in a traffic stop, whether for DUI or any other reason, police must first have probable cause. Without just cause, a defense attorney may be able to have the case dismissed if any evidence obtained was the result of an illegal traffic stop. In Bynum's case, leaving the "drug house" alone does not warrant probable cause to pull her over. However, her defective lights gave police the ammunition they needed for a stop. If her cell phone was lying in open view and the text message appeared and was obvious to police without a search, as alleged, that provided probable cause to search her phone for evidence of involvement in drug distribution.
In many drug oossession cases, illegal search and seizure can be an effective defense strategy. If, however, a search is conducted legally and within the appropriate law enforcement procedures, a drug lawyer must carefully evaluate the case to uncover other possible defense options. Read more about drug crime defense or submit a confidential case review form on the Coventon Criminal Defense website.
