WICHITA, Kan. (AP) A federal appeals court says the reaction of drivers to phony drug checkpoints set up by law enforcement is not sufficient grounds to justify stopping vehicles.
A three-judge panel of the 10th U.S. Circuit Court of Appeals ruled Tuesday for a man who was searched and arrested after exiting Interstate 70 after the Kansas Highway Patrol posted signs warning of a drug checkpoint ahead.
Dennis Neff was sentenced to five years after pleading guilty to one count of traveling in interstate commerce with intent to distribute cocaine.
Neff argued the stop was illegal because troopers lacked a reasonable suspicion of criminal activity.
The Court of Appeals panel threw out his conviction, ruling the trial judge wrongly rejected Neff’s motion to suppress the evidence.
