Appeals Court Allows Seized Pot To Be Used As Evidence
A federal appeals court has reversed a lower court ruling that suppressed 124 pounds of marijuana seized from the trunk of a car near the U.S.-Canadian border.
The case involves Eric Wilson, who was arrested along the border on the St. Regis Mohawk Reservation near Massena.
Authorities seized three large hockey bags filled with pot from the trunk of his car after a Mohawk police sergeant spotted him crossing the border illegally.
A U.S. District Court originally suppressed the evidence, saying the officer stopped the car outside the reservation and failed to follow proper customs procedures.
The Court of Appeals for the Second Circuit reversed the suppression, saying "the stop was justified by probable cause to believe that Wilson had entered the United States in violation of law" and the sergeant was a validly designated customs officer who was authorized to stop the car.
Wilson was indicted for possessing marijuana with the intent to distribute it.
The case is now expected to go to trial.
Thursday, May 23, 2013, Watertown, NY
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