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InvisibleveggieM

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[AZ] Evidence tossed in cocaine bust; trial called off
    #14919461 - 08/14/11 08:41 AM (9 years, 8 months ago)

Evidence tossed in cocaine bust; trial called off
August 14, 2011 - azdailysun.com

The trial of a 15-year-old girl being charged with transporting cocaine, a class two felony, was called off last week after a judge suppressed 26 pounds of cocaine found in her father's car from being admitted as evidence against her.

The drugs were discovered by an Arizona Department of Public Safety officer during a traffic stop on the Interstate 40, 15 miles outside of Flagstaff, in May. On Aug. 3, a Coconino County Juvenile Court judge ruled that the roadside search of the father's car was unconstitutional.

In a lengthy written opinion from Judge Ted Reed, he wrote that even though the warrantless search was in violation of their rights, the law would have allowed the cocaine to be admitted as evidence if the state could prove it would have eventually been found regardless.

DPS had claimed that the officer was doing an inventory of the vehicle when he broke into a double-locked toolbox in the trunk of the SUV. The agency declined requests to provide the girl's defense attorney with a copy of their standard inventory procedures until after the case.

That document showed that DPS Sgt. Stephen Robson was in violation of policy when he broke into the toolbox.

"The officer testified that what he did was within policy and was an inventory," defense attorney Lee Phillips said. "They knew going into it that they had no search warrant ... and so they showed up without a policy."

A video made available to the Daily Sun from the DPS officer's in-car camera shows that as Robson approached the passenger side of the SUV, an African-American male rolled down the window just enough to hand over his license, registration and insurance.

In a written report filed several days later, the officer said he noticed that a young girl wearing a Muslim head scarf was lying down across the back seat without a seat belt on.

The driver, Zaid A. Wakil, of Winston-Salem, N.C., repeatedly refused to exit the car when the officer asked, and the officer told him he would be arrested as soon as backup arrived.

About a minute later, the man exited his vehicle with a phone to his ear and told Robson to speak to his lawyer. Wakil was placed against the hood of the patrol car and handcuffed, his phone knocked to the ground. Robson then returned to the car and struggled to get the daughter out. She also refused to obey his orders.

In the process, Robson wrote in his report, she clung to her purse and also refused to hand it over until he physically pulled the purse from her arm.

She was also handcuffed and placed under arrest.

Robson said that he believed the girl to be a victim of a crime.

Robson and another officer searched the vehicle and discovered a large toolbox in the back that Wakil claimed contained his motorcycle tools. He said the keys were inside the car somewhere, but they were later discovered inside his daughter's purse.

Ordinarily, DPS officers fill out a Vehicle Removal Report in a traffic stop when a car is impounded to document any valuables in the car before it's towed away. But that report is intended as a way to note things like stereos and suitcases so people can't falsely claim something was stolen. The version of that report that DPS submitted to lawyers was completely blacked out of what the officer documented.

If something illegal is found in the car then, they take it to a DPS building where the vehicle is more thoroughly searched.

"The first thing they did was say the girl could get out of jail if she testified against her father," Phillips said.

Officials at the Coconino County Attorney's Office have not decided whether prosecutors will continue pursuing trafficking charges against the daughter, but say they still have time to appeal the judge's decision. They do still intend to pursue the case against the father; however, it's uncertain how successful a case they could make in light of the decision in the daughter's companion case.

"The facts of the case would indicate that there was sound basis to pursue charges against her as well as her father," said Chief Deputy Coconino County Attorney Michael Lessler.

Even if the man were to beat the initial charges, he now faces additional trafficking charges.

The father bonded himself out of Coconino County Jail by putting up $100,000. He then continued on to California, purchased another vehicle and was stopped by DPS again on July 18 while driving though Flagstaff on I-40.

This time, officers noticed several large moving boxes in the back of the car and asked to search the vehicle. Wakil denied their request and they brought out drug-sniffing dogs. Inside the boxes were locked safes allegedly containing even more cocaine than he was picked up with the first time.

Because bond isn't set in juvenile cases, the girl has had to stay in detention while her case makes its way through the legal system. Her mother rented a home in Flagstaff to be closer.

In January, Wakil was also arrested when Ohio state troopers found more than $1 million in cash in the trunk of Wakil's BMW after he crashed it outside of Cambridge.

He had no explanation for where the cash came from and it was seized by the DEA. His daughter was also in the car at the time.

Wakil is listed as the owner of several businesses in North Carolina, including a trucking company, a construction company and a pastry business called Piety, Inc., which sells pies directly to mosques.

Phillips says that this case shows the usefulness of having in-car video on all DPS patrol cars, something he played a major part in getting implemented after a series of cases that accused DPS of racial profiling. Officers rarely face punishment in a case like this, Phillips said.

"The videos are the one thing a citizen has to show what really happened," Phillips said. "It's invaluable in trying to determine what happened in a case."

DPS declined comment for this story, citing the ongoing cases.


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Offlineshivas.wisdom
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Re: [AZ] Evidence tossed in cocaine bust; trial called off [Re: veggie]
    #14919858 - 08/14/11 10:54 AM (9 years, 8 months ago)

Quote:

"The first thing they did was say the girl could get out of jail if she testified against her father,"



The first thing should have been to reunite her with her family, not to try and use police pressure tactics to force a confession out of her.

Instantly brought 1984 to my mind. Cops attempting to turn kids into spies to be used against their parents.

Quote:

"Nearly all children nowadays were horrible. What was worst of all was that by means of such organizations as the Spies they were systematically turned into ungovernable little savages, and yet this produced in them no tendency whatever to rebel against the discipline of the Party. On the contrary, they adored the Party and everything connected with it... All their ferocity was turned outwards, against the enemies of the State, against foreigners, traitors, saboteurs, thought-criminals. It was almost normal for people over thirty to be frightened of their own children."




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Re: [AZ] Evidence tossed in cocaine bust; trial called off [Re: shivas.wisdom]
    #14919869 - 08/14/11 11:00 AM (9 years, 8 months ago)

idk man it sort of looks like the parents are using there children to get away with smuggling drugs for them. if that is the case maybe the parents should not be "reunited." :shrug: i guess its a judgement call but that shit ton of cocaine bitch is lucky she's not in prison 15 or not.


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Re: [AZ] Evidence tossed in cocaine bust; trial called off [Re: SurReality]
    #14920022 - 08/14/11 11:58 AM (9 years, 8 months ago)

Perhaps her father was a scumbag, but what about her mother or any other family?

Though it may be fair to say she was being used by her father to help smuggle cocaine, it would be much more difficult to say she had any part in the scheme other than doing what she was told. I mean, she is just 15.

Instead of essentially keeping her hostage until she snitches on her father (which, I feel safe in saying, would mess up a child regardless of parents guilt), she should be returned to a family member (ideally her mom).


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Re: [AZ] Evidence tossed in cocaine bust; trial called off [Re: shivas.wisdom]
    #14920113 - 08/14/11 12:32 PM (9 years, 8 months ago)

idk man she's fifteen its not like she didn't know she was doing shit wrong, i wouldn't have been caught doing that shit when i was 15 because i don't drive without a drivers license... she seemed pretty cool with driving without a license didn't she... who's to say she didn't know she was moving weight and was doing it to get her self some yay for the summer? fifteen ain't too young to think for yourself as far as breaking the law...


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Re: [AZ] Evidence tossed in cocaine bust; trial called off [Re: SurReality]
    #14920237 - 08/14/11 01:08 PM (9 years, 8 months ago)

Except, according to the article, she wasn't driving, she was lying down in the back seat.

The cops, once they removed her father from the vehicle and arrested him, then did the same to her.

Later on, they found the key to the chests holding the cocaine to be in her possession (in her purse).

Yes, it is possible that she is a 15 year old drug runner. More likely, her father is the drug runner (he has priors) and thought that he could use his daughter as a fail safe. 'Cops may search me, but no way they would suspect a little girl' is probably how his thought process went.

So, although there is the possibility that we are dealing with a highly connected 15 year old drug runner, I would say it is far more likely that she has been brought into this situation by her father, and the police are only making her situation worse.


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Invisiblewaves


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Re: [AZ] Evidence tossed in cocaine bust; trial called off [Re: shivas.wisdom]
    #14920930 - 08/14/11 03:36 PM (9 years, 8 months ago)

Im wondering how he managed to get pulled over in Flagstaff two time in a row


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Re: [AZ] Evidence tossed in cocaine bust; trial called off [Re: shivas.wisdom]
    #14921067 - 08/14/11 04:12 PM (9 years, 8 months ago)

Quote:

shivas.wisdom said:
Except, according to the article, she wasn't driving, she was lying down in the back seat.

The cops, once they removed her father from the vehicle and arrested him, then did the same to her.

Later on, they found the key to the chests holding the cocaine to be in her possession (in her purse).

Yes, it is possible that she is a 15 year old drug runner. More likely, her father is the drug runner (he has priors) and thought that he could use his daughter as a fail safe. 'Cops may search me, but no way they would suspect a little girl' is probably how his thought process went.

So, although there is the possibility that we are dealing with a highly connected 15 year old drug runner, I would say it is far more likely that she has been brought into this situation by her father, and the police are only making her situation worse.




what for real? sorry i didn't even bother to read much into the article i assumed she was alone in the car and driving her dads car. that guys an idiot though, if he was trying to hide the keys he should have just mailed the keys to his destination or some shit.


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Re: [AZ] Evidence tossed in cocaine bust; trial called off [Re: SurReality]
    #14921225 - 08/14/11 04:56 PM (9 years, 8 months ago)

no problem. :lol:

The dad is a skeezebag, no doubt about it, and I don't think the daughter should be released into his custody.

I just feel the cops should be looking to release this girl to a responsible family member as a priority, rather than use her as a tool in their investigation.

As the anti-drug crowd is want to proclaim, 'won't somebody please think of the children.'


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Re: [AZ] Evidence tossed in cocaine bust; trial called off [Re: shivas.wisdom]
    #14921287 - 08/14/11 05:08 PM (9 years, 8 months ago)

yea for sure that whole situation is fucked and completely irrational on the authority's behalf its not like they don't have enough evidence in the first place to persecute the dad


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Re: [AZ] Evidence tossed in cocaine bust; trial called off [Re: SurReality]
    #14929513 - 08/16/11 03:02 AM (9 years, 8 months ago)

Quote:

...that a young girl wearing a Muslim head scarf was lying down...




How is this relevant?

I bet they were trying to pull some "They might have been terrorists" type of shit when trying to justify the search.


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Re: [AZ] Evidence tossed in cocaine bust; trial called off [Re: veggie]
    #14930429 - 08/16/11 10:13 AM (9 years, 8 months ago)

This guys a Islamic extremist selling cocaine to fund his terror regime.. And I think it's very suspicious that the feds didn't even suggest this in there rite up of the case. Very odd!!!


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