State v. Ms. M (DMC No. 16457) – (2 Counts) Felony Money Laundering ($127,000 Cash), (2 Counts) Felony Possession of Narcotic Drugs (Cocaine), and (1 Count) Felony Possession of Marijuana – Dismissed (Due to No Reasonable Suspicion to Stop Issue/”Vigilant”) – Mojave County Superior Court (Case No. CR2019-01193)
Ms. M was traveling by car with her boyfriend from Arkansas to California. She had made many trips with her boyfriend (about one month) for several months. During one of the trips, a Trooper for the Department of Public Safety had seen their vehicle going under the speed limit. He followed them for approximately five miles, but did not observe any traffic violations. He thought that they “looked suspicious” while they were driving. After that, he ran a check for their license plate, and discovered that the vehicle was making trips about once a month to California, turning around after a day and a half and coming back. He then placed an “alert” in a national database, known as Vigilant, regarding her vehicle.
One month later, the Trooper received an alert on Vigilant stating that the vehicle was now heading from Arkansas back to his direction (this was done through a roadside license plate reader hooked up to Vigilant). The alert indicated they would be there by the next day. The Trooper waited until he saw them drive by, and then he ultimately pulled them over. After he pulled them over, he claimed that he could smell the faint odor of Marijuana. He ended up asking various questions regarding whether there was any cash or drugs in the vehicle, and the male driver stated that he had some cash in the vehicle because he was a professional gambler. Ultimately, the K9 Unit was called out, and $127,000 in cash was discovered, along with a THC Cartridge, a joint, some Xanax pills, and a gun. They were both promptly Arrested and taken to the Station for questioning. Although the male made admissions, Ms. M did not. It was at this time she secured the services of DM Cantor.
We challenged the case regarding a “No Reasonable Suspicion to Stop” Issue, because the “Whisper” Stop was based on a technology that had Officers acting on a “hunch” that people were drug dealers. Before we could actually bring the case to the Evidentiary Hearing, the Prosecutor decided they did not want this Issue litigated publicly, and they agreed to Dismiss Ms. M’s case. Ms. M’s boyfriend, however, plead to a Felony Charge. Had Ms. M been Convicted of all the original Charges, she could have spent many Years in Prison. Instead, she has No Criminal Record.
