Thursday, May 2, 2013

Daily Bee: Judge Rules North Idaho Police Conducted Illegal Search in Traffic Stop, Drug Bust

Posted By on Thu, May 2, 2013 at 9:43 AM

A North Idaho judge agreed with a Ponderay woman when she argued that when police stopped her vehicle in October 2012, her Fourth Amendment rights were violated and that police were on a "fishing expedition" when they discovered meth and drug paraphernalia in her car.

The Bonner County Daily Bee reports that First District Judge Barbara Buchanan ruled that 39-year-old Doris Hays was detained way too long when a traffic stop turned into a 28-minute interrogation.

Ponderay Police say they had reason to suspect illegal activity "because of Hays' nervousness" and that Hays consented to a search of her car.

But the judge said that Hays made incriminating statements without first being advised of her Miranda rights, and that she should have been allowed to leave the scene after police cited her for speeding.

Judge Buchanan said the traffic stop was lawful but the evidence involved in the drug charges can't be used. Prosecutors said they would appeal the decision to the Idaho Supreme Court.

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