Court: Trooper Had Probable Cause to Stop U-Haul Crammed With Marijuana
Swerving over a road line multiple times was a good enough reason for a Pennsylvania state trooper to pull over a U-Haul that was ultimately found to have been transporting marijuana across state lines, a federal judge has ruled.
April 19, 2018 at 04:50 PM
3 minute read
Swerving over a road line multiple times was a good enough reason for a Pennsylvania state trooper to pull over a U-Haul that was ultimately found to have been transporting marijuana across state lines, a federal judge has ruled.
U.S. District Chief Judge Christopher C. Conner of the Middle District of Pennsylvania denied defendants Xiao Wu Zhou and Chuanze Xu's motion to suppress drug evidence seized at the traffic stop.
On Oct. 31, Trooper Jeremy Hoy pulled over the U-Haul, which Zhou and Xu had rented in California to take to New York City. When stopped, Zhou and Xu explained they were traveling from California to Queens to move in with Zhou's mother at her two-story house, according to Conner's opinion.
Suspicious that the U-Haul appeared too small for a move to a two-story home, Hoy asked what was in the cargo portion of the vehicle. He testified that Xu appeared nervous and his carotid artery was visible pulsing when he claimed there were five briefcases containing bed sheets.
Hoy ultimately called in the canine unit and opened the cargo door when the dog arrived. Inside were five suitcases, nine large plastic bags, and 33 cardboard boxes containing a total of 735 pounds of marijuana.
After being indicted for drug possession with intent to distribute, and a related conspiracy charge, the pair sought to suppress the evidence obtained from the U-Haul on grounds that Hoy had no legitimate reason to stop Zhou and Xu. They also claimed the subsequent interrogation was not reasonably related to the stop.
Conner said Hoy had a reasonable suspicion when he saw the van commit a traffic violation.
“Trooper Hoy witnessed the U-Haul truck cross the white fog line separating the right lane from the highway shoulder three separate times,” Conner said. “He testified that a vehicle leaving the designated roadway is 'one of the number one causes for crashes' and that there can be disabled vehicles and debris on the shoulder to the right of the fog line.”
He added, “Trooper Hoy articulated to defendants that he initiated the traffic stop because they crossed the fog line several times and out of concern that Zhou might be falling asleep or intoxicated.”
Additionally, Conner said the dog sniff was warranted.
“As a member of the Drug Law Enforcement Division, Trooper Hoy received hundreds of hours of specialized training focused on criminal interdiction and has participated in approximately 150 misdemeanor and felony arrests,” Conner said. “We find Trooper Hoy's testimony of events to be credible and corroborated by the surveillance video of the traffic stop.”
The defendants' attorney, Donald Martino, did not respond to a request for comment.
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