WIBW - Local News - Headlines
Posted: Wed 3:33 PM, Jun 06, 2012
Reporter: Suzie Gilbert Email
KHP Vehicle Stop In Drug Case Ruled Unconstitutional
TOPEKA, Kan. (WIBW) -- A Topeka man's cocaine distribution conviction has been set aside because a Kansas Highway Patrol Trooper's stop of his vehicle was deemed unconstitutional.
Dennis Dean Neff, 56, was stopped in Wabaunsee County after Highway Patrol Troopers posted phony drug checkpoint signs on Interstate 70.
When Neff exited I-70 just before the checkpoint, a State Trooper stopped his vehicle and found seven kilograms of cocaine.
Chief Judge Mary Beck Briscoe wrote the decision on behalf of appellate judges, who ruled exiting the interstate wasn't enough suspicion to stop the vehicle.
Neff had been sentenced to five years in prison, but the decision goes against that sentence.
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