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Aden Holloway’s phone allegedly contained “drug transactions” prior to his Monday arrest on a felony drug charge, according to ESPN, but attorneys for the Alabama guard say the 21-year-old’s constitutional rights were violated when police searched his home.
Holloway was arrested Monday following that search. He was charged with first-degree possession of marijuana and failure to affix a tax stamp.
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The 2.1 pounds of marijuana allegedly found at Holloway’s apartment is significant, as any amount 2.2 pounds or higher is considered enough to warrant a drug-trafficking charge in Alabama.
Holloway, a junior, was removed from campus and was not with his Crimson Tide teammates in Tampa, Florida, for their 90-70 first-round win over Hofstra in the NCAA tournament on Friday.
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According to charging documents, the West Alabama Narcotics Task Force found the “drug transactions” on Holloway’s phone after seizing $400 located in a jacket. Holloway said he got the marijuana out of state for personal use.
"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," said a complaint filed by prosecutors on 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."
A “trash pull” conducted by police at Holloway’s apartment found marijuana and marijuana paraphernalia inside containers with the Alabama star’s name on them in garbage bags. According to police, the garbage was pulled following unspecified “complaints.”
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The pulling of trash violated Holloway’s constitutional rights, according to his attorney, Jason Neff, who added he will seek to have what police found in Holloway’s apartment disallowed as the legal process moves forward.
"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 told ESPN.
The Fourth Amendment protects citizens against “unreasonable searches and seizures.”
Neff also said that he is looking to meet with Alabama school officials next week in hopes of overturning the ban on Holloway attending classes, which could potentially allow him to suit up again for the Crimson Tide should they reach next weekend's Sweet 16.
Alabama coach Nate Oats said before the Hofstra game that he still supports Holloway.
"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."
First-degree possession of marijuana in Alabama is a Class C felony in the state. If Holloway is convicted, he could face up to 10 years in a state penitentiary and up to a $15,000 fine. He could also receive a six-month driver’s license suspension and have to take mandatory drug-awareness classes, per Polson law firm.
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Holloway was bonded out of Tuscaloosa County jail early Monday morning. His bond was set at $5,000.
