A 3rd District judge has thrown out evidence against a New Jersey man accused of having 55 pounds of marijuana in his car during a traffic stop.
The Idaho Press-Tribune reports (http://bit.ly/2qka9xq ) the evidence against 56-year-old Huu V. Tran was thrown out this week because police "unlawfully prolonged the detention of the defendant to ask for consent to search the vehicle."
Tran was pulled over by an Idaho State Police trooper in November for following too closely and obstructing his rear license plate.
Judge Thomas Ryan decided the state had not met its burden of proof demonstrating that the defendant's consent to having his vehicle searched was voluntary.
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According to online court records, Tran is still scheduled to stand trial June 20 on charges of felony marijuana trafficking and misdemeanor paraphernalia possession. Ryan granted a defense motion to suppress the evidence Tuesday.
Statesman reporter Kristin Rodine contributed