News (Media Awareness Project) - US SC: Marijuana Seizure Ruled Inadmissible |
Title: | US SC: Marijuana Seizure Ruled Inadmissible |
Published On: | 2002-09-13 |
Source: | Charlotte Observer (NC) |
Fetched On: | 2008-01-22 01:53:49 |
MARIJUANA SEIZURE RULED INADMISSIBLE
Officer Had No Reason To Question 2 Men At Traffic Stop, Court Says
CHARLESTON (AP) - The state Appeals Court has ruled that marijuana seized
by a Moncks Corner police officer in an April 1999 traffic stop is
inadmissible at trial.
Officer Robert Blajszczak went beyond the scope of a stop by asking
questions not related to the traffic violation, the court ruled.
The court said the officer did not have reasonable suspicion to question
the driver, Dwayne Anthony Barbour of Berkeley County, and passenger
Donovan Williams of New York City.
Both were arrested and charged with trafficking marijuana. Barbour later
pleaded guilty to a lesser drug charge and received probation.
Circuit Judge Victor Rawl threw out the marijuana evidence in Williams'
trial because he ruled the officer detained Williams illegally.
The state attorney general's office plans to appeal the decision to the
state Supreme Court, an agency spokeswoman said Wednesday.
Blajszczak stopped the two men because their car resembled one reported
stolen, according to court documents.
After writing Barbour a ticket, he questioned the men and became suspicious
when they gave inconsistent statements about where they were going and
where they had been.
When Barbour consented to a search, the officer found 25 pounds of
marijuana in a black briefcase.
Officer Had No Reason To Question 2 Men At Traffic Stop, Court Says
CHARLESTON (AP) - The state Appeals Court has ruled that marijuana seized
by a Moncks Corner police officer in an April 1999 traffic stop is
inadmissible at trial.
Officer Robert Blajszczak went beyond the scope of a stop by asking
questions not related to the traffic violation, the court ruled.
The court said the officer did not have reasonable suspicion to question
the driver, Dwayne Anthony Barbour of Berkeley County, and passenger
Donovan Williams of New York City.
Both were arrested and charged with trafficking marijuana. Barbour later
pleaded guilty to a lesser drug charge and received probation.
Circuit Judge Victor Rawl threw out the marijuana evidence in Williams'
trial because he ruled the officer detained Williams illegally.
The state attorney general's office plans to appeal the decision to the
state Supreme Court, an agency spokeswoman said Wednesday.
Blajszczak stopped the two men because their car resembled one reported
stolen, according to court documents.
After writing Barbour a ticket, he questioned the men and became suspicious
when they gave inconsistent statements about where they were going and
where they had been.
When Barbour consented to a search, the officer found 25 pounds of
marijuana in a black briefcase.
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