A Mitchell man was arrested twice in one day after being detained for a probation violation.
Jordan Port, 20, was taken into custody on Dec. 23 for a probation violation, court documents state, and was transported to the Davison County Jail.
At the jail, officers performed a strip search on Port and found a plastic bag containing "possible marijuana," an empty package of K2, two metal tubes with burnt marijuana residue on the ends and a plastic bottle of urine, usually used to fake a urine test, court documents state. Port was officially arrested.
While Port was in custody, law enforcement also searched Port's 2008 Dodge pickup and allegedly found marijuana in a bag and an aluminum container, a glass pipe with burnt marijuana inside and a spoon with an unknown substance on it, and Port was arrested again.
"You don't have to be a free person to be arrested," said Mitchell Patrol Sgt. Joel Reinesch. "It's no different than being in jail and assaulting a corrections officer."
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Port was charged with possession of controlled substances in jail, a class 4 felony punishable upon conviction by up to 10 years in prison and a $20,000 fine; possession of marijuana, a class 1 misdemeanor punishable upon conviction by up to one year in jail and a $2,000 fine; and possession of drug paraphernalia, a class 2 misdemeanor punishable upon conviction by up to 30 days in jail and a $500 fine.
Jail Administrator Don Radel said a probation hold, like the one that brought Port to jail in the first place, typically does not count as an arrest. Instead, the violation nullifies the suspended sentence imposed from a previous conviction, meaning the violation is not considered a criminal offense on its own.
Port is scheduled to appear in court Tuesday, Jan. 12, for the possession of controlled substances in jail charge and the probation violation. He is scheduled to appear on Thursday for the possession of marijuana and drug paraphernalia charges.
