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Prosecutors allege that “drug transactions” were found on Alabama basketball star Aden Holloway’s phone after he was arrested Monday on a felony drug charge, according to documents obtained by ESPN. But Holloway’s attorney says police violated Holloway’s constitutional rights when they searched his home.
Holloway, the second-leading scorer for the Crimson Tide, was removed from campus and separated from his team after police found 2.1 pounds of marijuana in his apartment, prompting him to miss Alabama’s 90-70 win over Hofstra in the first round of the NCAA tournament Friday.
An officer with the West Alabama Narcotics Task Force, according to the documents, found “drug transactions” on Holloway’s phone after seizing $400 that was located in a jacket. Holloway told the officer he uses marijuana for personal use and that he obtained the marijuana from out of state.
“The money is being seized due to seeing drug transactions on Holloway’s phone, with people texting that they were going to get up with him after the season,” prosecutors said in a complaint filed Friday. “Holloway had smaller denominations in his possession which is indicative of narcotic sales. The marijuana was in separate packing, from plastic bags to prepackaged marijuana to vacuum sealed bags.”
Police searched Holloway’s apartment after officers conducted a “trash pull” and found marijuana and marijuana paraphernalia attached to containers with Holloway’s name on them in a pair of trash bags they grabbed from his garbage bin, according to the search warrant. The search warrant says police pulled Holloway’s trash after there had been “complaints.” The documents obtained by ESPN do not specify what the complaints were about.
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Jason Neff, Holloway’s attorney, told ESPN that police violated Holloway’s constitutional rights when they pulled his trash and used what they found as probable cause to search his apartment. Neff said he will push to ensure that prosecutors can’t use what they found in Holloway’s apartment in the legal proceedings.
“In review of the probable cause [search warrant], once this case moves forward, we would challenge the basis of the search with a motion to suppress evidence for the violation of his Fourth Amendment rights,” Neff said, referring to the amendment that protects against unreasonable searches and seizures.
Neff said he is hoping to arrange a meeting with school officials next week after spring break to reverse the campus ban that prevents Holloway from attending class. It could also open the door for him to play again if Alabama advances to the second weekend.
Alabama coach Nate Oats, however, didn’t sound too optimistic about that possibility when asked about Holloway prior to the team’s win over Hofstra. He did say that he continues to support Holloway after his “mistake.”
“I’ve got three daughters; they’ve made mistakes,” Oats said. “You don’t disappear on them when they need your help. I won’t be disappearing on him. I talked to him yesterday morning on the phone and the night before that. I’ve talked to him every day. I’m going to continue to talk to him, love him, help him through this, and we’ll see where it all takes him.”
Holloway posted $5,000 bail and was released from the Tuscaloosa County jail shortly after his arrest.
He has been charged with a Class C felony drug possession charge, “not for personal use,” and a failure to affix a tax stamp charge. They are both felonies, and both carry a maximum sentence of 10 years in jail and a $15,000 fine.
