Drug Charges Dismissed After Judge Rules Firefighter Illegally Searched House

By Brian Cole

Published on March 12, 2007

On March 26, 2006, firefighters arrived at a house rented by Brett Michael Bach, 33, and Bobbie Jo Oachs, 26, after a neighbor reported hearing a blast and seeing smoke rise from a shack about a hundred feet from the house.

When firefighters arrived, there were holes in the shed’s roof and floor. Flattened propane tanks were inside the hole in the floor, but there was no fire to extinguish.

According to court records, investigators had earlier received tips that methamphetamine was being produced on the property, which includes two rental units and other buildings.

One of the firefighters on scene asked Bach if he could search the house to check its foundation. The firefighter, Jim Johnson, is also a full time police officer. Bach did not give permission to enter the house until Johnson said he could break down the door and enter without consent.

Johnson went directly to the basement and, according to court records, returned about 15 seconds later to report to Deputy Kevin Spieker that there was a meth lab in the basement. After a search warrant was issued, officials returned to the house and reportedly found the meth lab and bags of methamphetamine.

Bach and Oachs’ attorneys successfully argued that the charges should be dismissed because Johnson’s search was illegal.

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