Posted Online: Nov. 20, 2012, 8:10 pm
Judge rules evidence in Weaver drug case will not be suppressed
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By Lisa Hammer, email@example.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.