MELON TRUCK DRIVER'S RIGHT NOT VIOLATED, COURT RULES

The 8th U.S. Circuit Court of Appeals confirmed Wednesday the 2001
conviction of cocaine smuggler Elbert Johnson by ruling an officer
with the Arkansas Highway Police did not violate the suspect's rights.

Johnson had appealed, stating the U.S. District Court erred when it
denied his motion to suppress evidence obtained from a weigh station
search of his truck.

"He claimed they held him longer than they should have, but the court
found enough reasons to rule the officer had every right ... taken
together these facts generated the reasonable suspicion of criminal
captivity necessary to justify Johnson's continued detention," stated
the chief deputy clerk for the 8th Circuit Court of Appeals.

Johnson was detained at a weigh station on Sept. 18, 2000, and a
search of his tractor-trailer truck revealed he was transporting 2,500
pounds of cocaine estimated at $125 million.

The drugs were found in 40 cardboard boxes among a load of honeydew
melons.

He was charged with conspiracy to distribute more than five kilograms
of cocaine and possession of five or more kilograms of cocaine with
intent to distribute. He was sentenced to 30 years in prison and fined
$25,000.

Authorities said inconsistencies in Johnson's trucker's log and
statements made by the suspect made them suspicious. Johnson's
confusion about his final destination, an incomplete address on a bill
and the truck's route being several hundred miles longer than
necessary were all facts that the officer used to detain him.

Joe Wayne Heck, who was also in the truck, was later sentenced to 10
years in prison on a single count of conspiracy to distribute more
than five kilograms of cocaine.

Johnson's attorney, Kyle Tate of Hot Springs, could not be reached for
comment Wednesday.