Another I-90 traffic stop drug search questioned
Three Minnesota residents arrested on heroin trafficking charges on Interstate 90 near Elgin challenged the legality of their traffic stop, arguing authorities had no reason or right to pull them over last November.
Defense attorneys for Jessica Johnson, 29, Leo Cook, 32, both of Redby, and Derek Paddy, 20, of Red Lake, contend Kane County Sheriff Sgt. Ron Hain had no legitimate reason to pull them over on Nov. 11, 2015, and that evidence seized from the stop - 14 ounces of uncut heroin worth $80,000, a loaded 9 mm handgun and $9,000 - be banned from trial.
Johnson, the driver, did get a warning from Hain for "following too closely," but during his interaction with her became suspicious she and her passengers were transporting drugs.
Hain testified Thursday that Johnson kept a distance of less than 2 seconds from the truck.
Hain said she changed her story as to why the trio was in Chicago, passengers were extremely nervous and trembling and one of them unknowingly had flakes of marijuana leaves on his shirt and pants.
The heart of the matter is whether the traffic stop was legal and attorneys played a dashboard video from Hain's unmarked SUV.
The beginning of the video shows Johnson's black 2008 Chevy Impala in the right lane, going about 55 mph and at least three car lengths behind a semi-truck.
Attorneys will resume the hearing Tuesday before Kane County Judge Donald Tegeler.
Thursday's case marks the third attempt by defense attorneys in recent months to have evidence obtained by Hain thrown out of court.
Last year, a judge ruled that a Minnesota man pulled over in April 2015 was illegally strip searched at the jail and methamphetamine seized was not admissible. Prosecutors dropped drug charges against Ismael Jaimes-Meza, of St. Paul, but he and two others who also were strip searched have filed a federal lawsuit.
A judge recently ruled that a prolonged traffic stop of a retired Oregon sheriff deputy in February 2014 violated the man's Fourth Amendment rights. Prosecutors have not indicated whether they will appeal; if they don't, it's likely drug charges against William Floyd Marsh, Jr., of Creswell, will be dismissed because drugs seized from storage lockers after the stop are not admissible.
Johnson, Paddy and Cook are being held at the Kane County jail. If convicted, each faces a minimum of 24 years in prison.