People v. Herne

Appeal from a decision of the County Court of St. Lawrence County (Richards, J.), dated December 1, 2009, which granted defendant’s motions to suppress evidence and dismiss the indictment.

A United States Border Patrol agent stopped a pick-up truck driven by defendant and, after inquiry, discovered over 50 pounds of marihuana in a hidden compartment built under the bed of the truck. Defendant was charged with criminal possession of marihuana in the first degree and the People consented to a suppression hearing, at which the sole issue was whether the initial stop of the vehicle was justified.…