Following a traffic stop initiated over an alleged window tint issue in Natrona County, a Lusk man faces a felony charge for third-time possession of methamphetamine.

Justin Linn, 40, was pulled over in the early morning hours of Aug. 17 by Natrona County Sheriff’s Cpl. Dan Beall on suspicion of having illegal window tint, according to an affidavit Beall filed in circuit court.

During Linn’s Thursday preliminary hearing, Beall admitted he didn’t test the window tint during his Aug. 17 traffic stop and was unable to directly reference a time when Linn’s tint was actually tested and proven illegal.

In the affidavit, Beall claimed to know “from his past encounters the red Silverado’s driver side and passenger front windows were darker than the legal limits of 28 percent.”

Beall does not cite a source for this “knowledge” in the filing.

After initiating the stop on Poison Spider Road, Beall ran Linn’s ID and insurance and found the insurance to be expired as well as an active warrant for failure to appear in Mills.

On the stand, Beall said he was unable to visually identify the driver of the truck because of the tint prior to the stop.

Beall then took Linn into custody and impounded the vehicle. Upon search, authorities said they found a pipe with residue that tested presumptive positive for methamphetamine. Later on, after Linn was taken to Natrona County Detention Center, Beall alleged Linn dropped a baggie of meth in the backseat of his patrol cruiser — which he noted both in the affidavit and in Thursday’s hearing.

On the stand, Beall also claimed he found a scale with meth residue, but when pressed by Linn’s attorney, Beall admitted there may not have been one if it wasn’t mentioned in the affidavit.

Linn’s attorney, Marty Scott, pointed out another incongruence in Beall’s testimony: On the stand, Beall claimed to have gotten a clear look at Linn’s windows while the defendant was at a gas station but “didn’t know” if its windows were up while following the car on Poison Spider Road.

In his affidavit, however, the corporal made no mention of a gas station and states he saw the car “with dark tinted windows drive west on Poison Spider Road” as cause for the stop.

During his closing argument at the preliminary hearing — which is only held to determine probable cause — Scott didn’t refute the prosecution’s evidence with respect to the drug possession charge but noted he didn’t believe the stop was legal before admitting that’s “not an issue for this court.”

Following the hearing, Scott declined to elaborate on what part of the stop he suspected was illegal.

Judge Cynthia Sweet found probable cause in the case and bound it over to district court.

Linn’s next court date was not set at the hearing but will likely be his arraignment.

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