Judge rules evidence in Weaver drug case will not be suppressed


Share
Posted Online: Nov. 20, 2012, 8:10 pm
Comment on this story | Print this story | Email this story
By Lisa Hammer, rlhammer@qconline.com
CAMBRIDGE -- Evidence in a drug case against Harold Weaver, of Weaverville, Calif., will not be suppressed, Judge Charles "Casey" Stengel ruled on Tuesday.

The judge said the testimony of Trooper Shawn Veryzer was more credible than that of Mr. Weaver, 58, and that the trooper had grounds to persist in searching the interior of the vehicle after the driver changed his mind and denied him the right to search the trunk.

Trooper Veryzer testified he got a faint odor of cannabis inside the vehicle which then gave him probable cause to search the trunk, where the cannabis was found inside double oven bags for turkeys.

Mr. Weaver is charged with Class X felony cannabis trafficking, Class X felony possession with intent to deliver and Class 1 felony possession of more than 11 pounds of cannabis. Charges were filed Aug. 6.

Defense attorney Bruce Carman argued a faint odor of cannabis is not probable cause for a search.
"If it's there, why didn't Trooper Veryzer smell it when he was there with the window down?" asked the defense attorney. "It's too easy. It's too easy to just go inside the car and go 'sniff sniff sniff' I smell cannabis."

The judge said the trooper is trained to detect the odor of raw marijuana and found the traffic stop was proper and legal.

Mr. Weaver waived jury trial and a stipulated bench trial was set for Dec. 28. He is out on $6,000 bond posted on Aug. 14.



















 



Local events heading








  Today is Friday, Aug. 22, the 234th day of 2014. There are 131 days left in the year.
1864 -- 150 years ago: The ferry boat, Rock Island, having been put in good order at the boat yard is now making her regular trips, much to the gratification of those who have to cross the river.
1889 -- 125 years ago: W.J. Gamble, for many years superintendent of the Moline & Rock Island railway, leased the Fourth Avenue Hotel and renovated and refurnished it throughout.
1914 -- 100 years ago: Pending the building of new public schools or additions to the present ones to provide adequate room for all the children, the board of education decided that pupils younger than 6 years old would not be accepted in Rock Island schools.
1939 -- 75 years ago: The fifth annual New Windsor Fair and Horse show, which has been delayed for two days because of unfavorable weather, got off to a new start last night. The parade was held this morning.
1964 -- 50 years ago: The Rock Island County Fair and Rodeo will celebrate its silver anniversary this year. The fair opens Tuesday and will run through Saturday and offers entertainment and activity for young and old.
1989 -- 25 years ago: Earl Hanson School, Rock Island, joins the Program to Assist Latch Key Student, which aids working parents. PALS is a before and after school program for grades 1-6 in certain Rock Island public and private schools.




(More History)