The tactics of lawyers are beyond the ken of mere mortals. An example springs from an arrest back in November of 2009. Two men, one from California and the other from Seattle were arrested near Dickinson by the Highway Patrol. The arrests came after a stop for speeding and a drug dog alerted on the car. Fifty pounds of weed was found in the vehicle. That’s November of ’09.
By August of 2010, more than nine months later, Judge William Herauf declared the State had only two more weeks to produce evidence in the case and give it to defense attorneys. Part of this might be explained if there was a multi-state investigation – not uncommon when narcotics officers try to follow supply lines back to their source. But the two weeks was firm…
And now, just short of a year later, the matter is finally coming to trial. But not before all the motions are finished. The latest ruling, by the same judge (who hasn’t yet retired), concerned whether the search was valid. Attorneys for the defense wanted the drug dog evidence thrown out. Judge Herauf said, “No.”
This is a serious matter. That amount of weed is a felony charge in North Dakota and if distribution is proven (which can be based on quantity) the men face up to ten years in prison and a $10,000 fine. It does seem like a long time for what should be a cut-and-dried case to come to trial though. The basic facts are plain – speeding car, drug dog alert, 50 pounds of marijuana.
The men were on their way to Chicago, so it seems like a ready-made route passes through North Dakota. Smugglers may figure our long, open highways are an invitation to speed a little. Not a good idea in this case. The ironic thing is that their high speed has now resulted in a 2-year rest stop.
