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.
Today is Thursday, May 23, the 143rd day of 2013. There are 222 days left in the year. 1863 — 150 years ago: Messrs. J. and M. Rosenfield have moved their leather and hidestore to the building formerly occupied by Temple Bufords's store. They buy and sellhides, pelts, furs, wool, beeswax, lard, tallow, etc. 1888 -- 125 years ago: The Rock Island Lumber Company has recovered 5,000 of the8,000 logs that were carried away by the Mississippi River flood last week. 1913 -- 100 years ago: John J. Ullemeyer has been awarded the contract to furnish RockIsland fire and police department members with uniforms, at the city's expense. 1938 -- 75 years ago: Work on Aledo's new $38,000 swimming pool was started thismorning at South Park when ground for the pool was broken by Mayor John W. Murphy. 1963 -- 50 years ago: Students and teacher at Moline High School called today "MissLeona Day" day at the school in honor of the government teacher who retires at theend of the school term. Although she's been teaching for 43 years at the school, Miss Dayfound a new way of arriving at the school this morning. At 7:30 a.m., a police squad carpulled up in front of Miss Day's home and escorted her to school. A caravan of students' cars joined the procession along the way. 1988 -- 25 years ago: Barbecue cooking and riverfront antics are planned for Discover the River Day Saturday in Leach Park, Bettendorf. A 5K run, wind surfing, a canoe race, hogcalling and more will round out the day under the Interstate 74 bridge.