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Message: <blockquote data-quote="Davy Crockett" data-source="post: 229213" data-attributes="member: 367"><p>Everything I read says they were not speeding ,  PG keeps on with his 2 MPH over the speed limit chatter but driving 73 MPH on I-94 would be two MPH UNDER the speed limit.     </p><p></p><p></p><p></p><p><span style="font-family: inherit">FARGO, N.D. — A North Dakota judge on Friday refused to consider as evidence nearly 500 pounds of marijuana seized during a vehicle stop because he said a county deputy did not have a good reason to be suspicious.</span></p><p><span style="font-family: inherit"></span></p><p><span style="font-family: inherit"></span></p><p><span style="font-family: inherit"></span></p><p><span style="font-family: inherit"></span></p><p><span style="font-family: inherit">Bee Thor of Oshkosh, Wisconsin, and Nhia Lee of St. Paul, Minnesota, were both charged with possession of drugs and drug paraphernalia after the Jan. 21 bust on Interstate 94 near Jamestown. Authorities seized 476 pounds of pot as well as other items.</span></p><p><span style="font-family: inherit"></span></p><p><span style="font-family: inherit"><u><em><strong>The state argued that Stutsman County Deputy Matt Thom suspected the defendants of transporting illegal drugs because the vehicle was going 2 mph under the speed limit,</strong></em></u> the suspects were from St. Paul, the driver, Lee, was sitting too rigidly and did not look at the deputy when he drove alongside the vehicle, and no luggage was visible.</span></p><p><span style="font-family: inherit"></span></p><p><span style="font-family: inherit">Southeast District Judge Jay Schmitz said in his order that Thom's explanation for the stop "was too inconsistent and contrived to be credible" and it violated the defendants' Fourth Amendment rights regarding unreasonable searches and seizures. All evidence obtained after the stop is inadmissible, Schmitz wrote.</span></p><p><span style="font-family: inherit"></span></p><p><span style="font-family: inherit">"This is not a close case — quite the opposite — and my legal conclusions are evident from my factual findings," the judge wrote.</span></p><p><span style="font-family: inherit"></span></p><p><span style="font-family: inherit">Fargo attorney Jesse Lange, who represents Lee, said his client was stopped for<u><em><strong> "driving 73 mph on cruise control and following the rules of the road."</strong></em></u></span></p><p><span style="font-family: inherit"></span></p><p><span style="font-family: inherit">"This opinion really highlights the fact we only hear about the most flagrant of these constitutional violations," Lange said. "And if it doesn't lead to an arrest, the courts don't get involved."</span></p><p><span style="font-family: inherit"></span></p><p><span style="font-family: inherit">Stutsman County State's Attorney Fritz Fremgen said he is considering whether to appeal the judge's order.</span></p><p><span style="font-family: inherit"></span></p><p><span style="font-family: 'sans-serif'"></span></p><p><span style="font-family: 'sans-serif'"></span></p></blockquote><p></p>

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