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Man Arrested During Brother’s Probation Search

Officers doing a Fourth Amendment waiver search in connection with a man’s probation end up arresting the man’s brother after finding methamphetamine and marijuana during consent search.

A Dacula man is facing multiple drug charges stemming from a probation officer’s visit to his brother.

A Gwinnett County probation officer along with members of the Gwinnett County Police Department’s Eastside Precinct community response team visited a Harbins Road home on Feb. 23 to execute a Fourth Amendment waiver search against a man on felony probation. A Fourth Amendment waiver is a condition of felony probation that allows law enforcement officers to search the person, vehicle or home of a probationer without a warrant.

When officer’s arrived at the probationer’s home, both the probationer and his brother, Jammey Hoefle, 35, were at the residence. While the probation officer searched the probationer’s room, an officer asked for and received consent to search Hoefle’s room.

During the consent search, the officer found a large hole in the wall of Hoefle’s room. Inside the hole on a wall beam was a glass pipe typically associated with the use of illegal drugs. The pipe contained residue that later field-tested positive for methamphetamine.

When asked about the pipe, Hoefle admitted it was his and said he was an occasionally user of methamphetamine. Hoefle said he had smoked methamphetamine approximately two months prior and had simply forgotten that he had placed the pipe in the wall. Hoefle advised that he was not addicted to meth and only smokes it every two to three months.

After Hoefle had been handcuffed and placed in the patrol car, another officer located a cigarette carton in the living room of the home that contained suspected marijuana residue as well as a marijuana cigarette or “roach.”

Since the probationer denied knowing anything about the marijuana, an officer read Hoefle his Miranda warning and asked him about the marijuana. Hoefle waived his right to an attorney and admitted the marijuana must be his as well since his brother did not smoke “weed.”

Hoefle said he had last smoked approximately one month prior and added, “I guess it’s mine.”

Hoefle was charged with with violating Georgia’s Controlled Substances Act, possession of a drug related object and possession of less than one ounce of marijuana.

Other recent incidents investigated by the Gwinnett County Police Department include:

Feb. 21

  • Simple battery in the 2000 block of Drowning Creek Road.
  • Theft by taking in the 2900 block of Old Fountain Road.

Feb. 22

  • Burglary in the 1800 block of Huntington Hill Trace.
  • Battery in the 1200 block of Mitford Lane.
  • Identity fraud in the 700 block of Beckenham Walk Drive.
  • Entering auto in the 3800 block of Greenside Court.
  • Battery near the intersection of Auburn Road and Jim Moore Road.

Feb. 23

  • Identity fraud in the 3300 block of Mill Valley Drive.
  • Entering auto in the 3400 block of Mill Valley Drive.
  • Simple battery in the 2600 block of Matlin Way.
  • Theft by receiving in the 2900 block of Michelle Lee Drive.
  • Amphetamine possession in the 2100 block of Harbins Road.
  • Disorderly conduct in the 2700 block of Spring Street.

Feb. 24

  • Theft by taking in the 200 block of Hebron Church Road.
  • Burglary in the 2500 block of Whisper Court.
  • Theft by taking in the 2500 block of Harbin Spring Cove.
  • Theft by shoplifting in the 2200 block of Hamilton Creek Parkway.
  • Entering auto in the 3900 block of Hog Mountain Road.
  • Theft by taking in the 3300 block of Sanborne Terrace.
  • Burglary in the 2500 block of Snowshoe Bend.
  • Simple assault in the 1200 block of Delmar Club Drive.

Feb. 25

  • Vandalism in the 1100 block of Tumlin Court.
  • Assault in the 3100 block of Mary Todd Lane.

Feb. 27

  • Possession of less than one ounce of marijuana in the 1600 block of Daniel Park Drive.

Feb. 28

  • Theft by taking in the 600 block of Alcovy Woods Drive.

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