Routine Traffic Stops Nets Seizure of Over $1.2M Worth of Cocaine
An apparent drug-dealer passing through Bensalem, Pennsylvania got incredibly unlucky last Saturday when a policeman pulled him over because he thought a GPS unit was blocking the driver’s view of the road. Once the cop had pulled over thirty-two year-old Nestor Luis Merced-Calderon from New York City, he noticed some rubber bands inside the vehicle, which the officer recognized as the type of rubber bands that were commonly used to bind stacks of money and decided to search the vehicle. A search reportedly uncovered a secret compartment in the vehicle that contained twenty-six pounds of cocaine. Calderon was subsequently arrested and is being held on an eight million dollar bond.
Based on the information contained in the reports, there are so many potential issues with this scenario that it is difficult to know where to begin. For purposes of this blog, however, we will focus on two: (1) the initial stop, and (2) the decision to search the vehicle. The initial stop is questionable because the officer should have no reason to believe a GPS unit is affecting the driver’s view of the road unless the driver is driving in an inappropriate manner or the GPS unit is as big as the windshield. If the initial stop is bad, then the ensuing search should be excluded.
The decision to search is also highly questionable, because the presence of rubber bands in a vehicle is not at all indicative of criminal activity and should not form the basis for any search. Even assuming an individual has a lot of money derived from some illegal activity, use of rubber bands to organize that money is not evidence that a crime has been committed. It is simply evidence that the individual has a lot of cash and likes to band it together. A rubber band is an item that is simply too commonplace an item that has a multitude of legal uses to provide probable cause for a search. It is much like a straw, which can be used to ingest a variety of drugs but is also dispensed by every fast food chain in America. If the rubber bands provided the officers basis for probable cause, then the search is highly questionable.
Traffic stops that result in drug seizures often present a number of issues like the two discussed above. Tennesseans who have been subjected to illegal stops and seizures should consult an experienced criminal defense attorney immediately for assistance in keeping the evidence out of court.
Source: http://www.philly.comphillynews20101128_ap_carstopinsoutheastpanets12mofcocaine.html
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