One of Two Felony Drug Cases Against Rochester Man Dismissed
Rochester, MN (KROC-AM News) -- One of the two criminal cases brought against a Rochester man with a history of drug-related convictions has been dismissed.
Court records show 44-year-old José David Talamantes was charged with felony drug possession and two misdemeanor DWI offenses following a traffic stop in Rochester in January. The criminal complaint indicated a Rochester police officer on routine patrol initiated the traffic stop after Spotting Talamantes behind the wheel of a vehicle even though his driver’s license had been revoked.
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The charges say Talamantes was initially taken into custody for suspicion of driving under the influence of a controlled substance. The complaint also alleged that a cigarette pack containing approximately 12 grams of methamphetamine was found in his possession while he was being searched.
His arrest occurred just weeks after he entered not guilty pleas to first-degree drug sales and possession stemming from a significant drug bust in Rochester last summer. The charges in that case allege Talamantes was caught with nearly 400 grams of methamphetamine.
Those charges still stand and Talamantes is currently scheduled to stand trial in October.
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Court records show the charges stemming from the traffic stop in January were dismissed by the Olmsted County Attorney's Office on Tuesday. The motion to dismiss states the action was done "in the interest of justice." The defense attorney for Talamantes had previously filed a motion to dismiss the charges based on claims the search that led to the discovery of the methamphetamine violated his constitutional rights.
Talamantes has an extensive criminal history. Court records show he was previously sentenced to prison for a second-degree drug sale conviction in 2015 and a first-degree burglary conviction in 2009.
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