Traffic Stop Nets 110 Pounds Of Marijuana
Thursday, September 4th, 2008 at 5:35 pm | By: Radical Russ
STPNS – Traffic Stop Nets 110 Pounds Of Marijuana, Socorro, New Mexico
SOCORRO, New Mexico (STPNS) — Reserve Magistrate Court Judge Clayton Atwood presided over a preliminary hearing Tuesday for a man who was charged with two felonies after a state police officer discovered more than 100 pounds of marijuana during a traffic stop in August.Edward Tossa, 36, of Michigan, is charged with one count each of trafficking a controlled substance and possession of a controlled substance with intent to distribute, a third-degree felony.
Trafficking of more than 100 pounds is a second-degree felony.
At about 9 p.m. Aug. 14, New Mexico State Police officer Michael Forgue stopped a van for speeding in Quemado. Forgue said the driver appeared nervous and hesitant.
The officer smelled marijuana and after the driver gave permission to open the van doors, further investigation of the van revealed about 110 pounds of marijuana.
“Why sure, officer, go right ahead and open the doors of my van without a warrant so you can discover the evidence of the 2nd degree felony I’m committing!”
You have a right to remain silent. You have a right to refuse a search. If you’ve got 110 pounds of weed in your van, you should use those rights (and you shouldn’t be speeding, either. One law at a time, pal). You’re not going to be any more arrested or more convicted by asserting your rights. If you’re going to go down, why not waste some police time that it takes to hold you, get a warrant, bring a dog, and then discover your felony? Maybe they mess up the procedure and your excellent NORML Legal Committee defense attorney gets you off on a technicality.
Instead you decide to make the case against yourself for the police? Did you think they’d go easier on you? If you give the cops permission to search, you just kneecapped your defense attorney. No prosecutor is going to let you off easy because you cooperated.
You’re a 36-year-old man. I’d expect this from someone half your age, but you should know better.
Topics: New Mexico, search, Socorro, warrant
This guy was an idiot though!! Why was he speeding with that much weed in his car??? I would be following ALL the TRAFFIC laws if I were carrying that much pot…Hell, I only get an oz or QP at a time and even then I’m very careful and slow!!!I’ll lose my financial aid if I were to get caught!! So I’ve learned valuable lessons from this STUPID STONER STORY!
If the cop had “Probable Cause” he wouldn’t have to ask, and without “Probable Cause”, the judge won’t issue a search warrant.
Drugs? Just Say No!