FAIRMONT — A Fairmont man is facing a felony charge in Martin County.

Kyle Edward Kelleher, 45, has been charge with drug possession in the fifth degree, which carries a maximum penalty of five years in prison and a $10,000 fine.

According to the complaint:

On Dec. 7, a Fairmont police officer was on patrol when he observed a vehicle parked in an area of town known for criminal activity and suspected controlled substance sales. The officer ran the license plate, which came back as registered to Kelleher. The officer was aware that Kelleher had previously been arrested for possession of meth paraphernalia and had been brought to the Law Enforcement Center previously on suspected probation violations of meth use.

A check on Kelleher’s driving status revealed it had been revoked in Minnesota.

After a short time, the officer observed the vehicle drive toward him. As the vehicle passed the officer, he observed the driver to be Kelleher and initiated a traffic stop.

The officer asked Kelleher what he was doing driving since his status was revoked. Kelleher said he had to get to work. Kelleher said he had stopped to get some gas and was now heading home. The officer knew Kelleher was not just recently at the gas station.

The officer asked Kelleher to step from the vehicle. During a controlled substance test, the officer observed a lack of smooth pursuit in Kelleher’s eyes and that Kelleher’s pulse was rapid, both indicators of the use of controlled substances.

The officer asked Kelleher if he could search the vehicle and Kelleher said no. The officer then went to his squad vehicle and got his certified K-9 to complete an exterior sniff of the vehicle, which alerted on the vehicle for an odor of controlled substance.

The officer told Kelleher to take the keys from his pocket so he could search the vehicle.

Kelleher did not remove the keys and asked why they were needed. Kelleher started to pull away from the officer, who grabbed Kelleher’s arm and told him he was under arrest. Kelleher continued to pull away and resist.

The officer requested additional officers, and they were eventually able to get Kelleher handcuffed. The vehicle was searched and officers discovered a meth pipe containing white residue, a small amount of marijuana and a makeshift marijuana pipe.

A check of Kelleher’s criminal history shows he has a conviction for a controlled substance crime in the fifth degree in June 2018.