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Jump to full article: Associated Press (AP), 2009-10-09
Author: ROXANA HEGEMAN
Intro: WICHITA, Kan. -- A federal judge has tossed out key evidence in the case against a Kansas tobacco wholesaler and his business associates who are accused of trying to avoid paying $25 million in cigarette taxes to Oklahoma and Indian tribes.
U.S. District Judge Monti Belot ruled Thursday that a Kansas Highway Patrol officer had no reason to suspect that the driver of a U-Haul van that was found to be loaded with cigarettes was violating any laws, and the search was therefore illegal.
"The officer testified that he was curious, and that does not rise to the level required by the Constitution," said Jack Focht, the attorney representing the driver of the van, Danny Davis.
It is unclear what impact the barred evidence will have on the prosecution's case.
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