First Posted: 2/16/2015
LIMA — A judge refused to suppress evidence seized from a local minister and president of the Lima chapter of the NAACP during his arrest on a soliciting prostitution charge.
Judge RicKard Workman of Lima Municipal Court ruled against the Rev. Ron Fails’ request to suppress evidence seized from his pocket during his arrest at a local motel during a prostitution sting. That evidence included two condoms and $100.
The judge ruled FBI agents acted within the law when conducting a pat-down search of Fails for weapons that also included checking the inside of Fails’ pants pockets where the items were found.
Workman said in his ruling officers are dealing with a real and sometimes violent society, which means officers must have some measures in place to safely do their jobs.
“It would be unreasonable to require that law enforcement officers take unnecessary risks in the performance of their duties,” Workman wrote. “The state’s obligation not to violate the individual’s 4th Amendment rights does not command that the police officers forsake reasonable precautionary measures during the performance of his duties.”
Fails’ attorney tried to argue officers were not authorized to conduct a search because the search occurred after Fails was placed in handcuffs and posed no threat to the officers. The attorney argued officers were not allowed to search Fails’ pockets after an agent conducted a pat-down search and did not locate anything that appeared to be a weapon.
Fails is charged with soliciting, a third-degree misdemeanor. He faces up to 60 days in jail if convicted.
Lima Police Department officers, along with agents from a federal task force targeting crimes against children, conducted the sting June 18. Officials said Fails agreed to meet an undercover sheriff’s deputy posing as a prostitute at a local motel.
Although Fails never asked to hire her for sex he did speak in code words used in soliciting prostitution, according to testimony. An officer testified Fails’ actions included calling a number on a website typically used for prostitution and the money and condoms he brought showed his true intent.
Fails was arrested moments after he arrived at the motel. He walked into the room and began searching when he came across two FBI agents hiding in the shower.
Fails is a minister at Grace Church World Wide Ministries. He was arrested more than three years ago in a prostitution sting and pleaded no contest to soliciting. He served 10 days jail and later had the charge expunged from his record.
