Dinkins faces drug charges in federal court

A 51-year-old Davenport man convicted in the death of a 10-year-old girl faces federal drug charges, according to court records.

Henry Dinkins, who was convicted last year in the death of 10-year-old Breasia Terrell, faces federal drug charges in a case that continues with an evidentiary hearing Jan. 17.

Motion to suppress

In a document filed electronically on Dec. 27, Dinkins asked for a motion to suppress evidence in a case that involves an April 25, 2019, Illinois traffic stop on Interstate 80. In a motion to suppress, a defendant claims that material in question was seized in violation of that person’s Constitutional rights.

Documents show a State Trooper made the traffic stop in Bureau County on I-80 westbound at Mile Marker 66 on a van in which Dinkins was a passenger.

“The van was not maintaining its lane, crossing over the right fog line and center lane divider,” documents say. “The trooper clocked the van at 48 miles per hour in a 70 mile per hour zone,” initiated a traffic stop and the van pulled over.

The trooper noticed that the van was rocking back and forth as if someone inside was running around, according to court records. The van’s windows had mini-blinds and curtains, “making it impossible to see inside the rear of the van,” court documents show.

Affidavits say “The trooper also noted that the rear passenger tire was shredded down to the belts and a piece of the trim was hanging from the side of the van.”

Troopers searched the van and found, inside an Aldi’s bag, three Ziploc bags “full of ecstasy,” police allege in court documents.

Officers saw the van’s right rear tire was having some mechanical difficulties, court documents say.

Within a few minutes of the van being pulled over a K9 and handler arrived. Officers “removed” Dinkins and the driver from the van and searched it.

Dinkins asserts there was not probable cause “for the illegal entry of the van in question” and says that even as a passenger he has proper standing in which to challenge the “warrantless search of the vehicle.”

“Dinkins asserts the search of the vehicle was in violation of his Fourth Amendment rights, and that he does have standing to raise the issue,” court documents say. “The illegal search should be acknowledged, and the fruits of the search should be suppressed.”

The government’s response, filed Monday in opposition to Dinkins’ motion to suppress, says Dinkins does not claim that the K9 is not certified or is deficient in some manner, “therefore Defendant cannot overcome the presumption that the dog alert equates to probable cause to search,” the response says. “Assuming that the dog is reliable, a dog sniff resulting in an alert on a container, car, or other item, standing alone, gives an officer probable cause to believe that there are drugs present,” the response says.

Dinkins and his family maintain his innocence in the Breasia Terrell case. Dinkins has appealed the conviction.