Trafficking Charges Dismissed In Emporia
On May 28, 2009, in the Greensville County Circuit Court, marijuana trafficking charges were dismissed against Wayne Barker. Citing the lack of any probable cause or reasonable articulable suspicion for the traffic stop, Judge Allen Sharett sustained the Motion to Suppress filed by the defense and dismissed the charges. Mr. Barker was represented by Horace F. Hunter of the law firm of Hunter & Lipton, PC.
The case involved a routine traffic stop on I-95 in Emporia, Virginia which led to the seizure of 20 lbs of marijuana from the vehicle. The Emporia Police Department is known for “aggressive” policing on I-95 and, at times, has been accused of blatant profiling. The reason the police officer in this case gave for pulling the vehicle was that it was not displaying a front license plate as required by Virginia law. The problem was that the vehicle was registered in Pennsylvania and was displaying a Pennsylvania tag. Unknown to the officer was the state of Pennsylvania only requires one license plate. Because the driver of the vehicle was not violating the law, the traffic stop was unlawful and the evidence obtained as a result of the stop was thrown out.
This case demonstrates the importance of challenging traffic stops particularly when it appears that law enforcement is conducting “fishing” expeditions.
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