Routine search yields drugs in fatal crash case

WEST BATH – A 51-year-old motorist arrested in connection with a fatal car accident last month in Topsham now faces a drug trafficking charge arising from what police say was a routine search of his home in Bath.

John Allen sought dismissal of the charge on grounds that the search violated his Fourth Amendment rights.

But District Judge Joseph Field denied Allen’s motion and scheduled a hearing for Monday on whether he should be held without bail indefinitely until the case is resolved.

Under Maine’s bail code, suspects free on bail are subject to random police searches. A police affidavit said the Wednesday night search of Allen’s home turned up about 100 oxycodone pills in two unmarked prescription bottles and that Allen said he did not have a prescription for the painkiller.

Allen was driving with a suspended license when his car slammed into the rear of a sport utility vehicle on Interstate 295, killing its driver, Harold Weisbein Jr., 44, of Topsham.

Allen, who has a record of accidents, license suspensions and driving violations dating back 20 years, was charged with reckless conduct with a dangerous weapon and could face additional charges.

Bath police filed an adverse driving report against Allen with the secretary of state’s office in April. That triggered his license suspension for an adverse medical condition that officials have not identified.

Attorney Rick Winling, who represents Allen, said he could not discuss the underlying medical condition or what types of medications Allen is taking.