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 Thursday, July 31, the 212th day of 2014. There are 153 days left in the year.

1864 -- 150 years ago: A corps of surgeons now occupies the new hospital quarters at the Garrison Hospital on the Rock Island Arsenal. A fence has been installed to enclose the prison hospital.
1889 -- 125 years ago: B. Winter has let a contract to Christ Schreiner for a two story brick building with a double store front on the south side of 3rd Avenue just west of 17th Street. The estimated cost was $4,500.
1914 -- 100 years ago: Germany sent simultaneous ultimatums to Russia and France, demanding that Russia suspend mobilization within 12 hours and demanding that France inform Germany within 18 hours. In the case of war between Germany and Russia, France would remain neutral.
1939 -- 75 years ago: Civil service offices at the post office and the Rock Island Arsenal were swamped as more than 700 youths sought 15 machinist apprenticeships at the Arsenal.
1964 -- 50 years ago: Last night, American Legion Post 246 in Moline figuratively handed over the trousers to a female ex-Marine and petticoat rule began. Olga Swanson, of Moline, was installed as the first woman commander of the post .
1989 -- 25 years ago: The Illinois Quad City Civic Center captured the excitement and interest of a convention of auditorium managers this weekend in Reno, Nev. Bill Adams, civic center authority chairman, said the 10,000-seat arena planned for downtown Moline has caught the eye of construction firms, suppliers, management teams and concession groups.








(More History)