Court upholds search

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AssociatedPress

A federal appeals court has upheld evidence against a woman who pleaded guilty to marijuana possession after authorities found 216 pounds of marijuana in a sport utility vehicle that went into the ditch during a blizzard in western North Dakota.

Kimhong Thi Le was charged with possession with intent to distribute and conspiracy to distribute marijuana, court documents said. She pleaded guilty to the possession charge and appealed to suppress marijuana found during the search.

The 8th U.S. Circuit Court of Appeals rejected her claims Monday.

Le contended her rights were violated when the SUV was searched in February 2004, after it rolled into a ditch along Interstate 94, about 30 miles from Dickinson, during a blizzard.

Court documents said Le and another woman were en route from Seattle to Minneapolis in the rented SUV when they encountered the blizzard. Neither woman was hurt when it careened off the road on Feb. 10, 2004, and they left the vehicle, court records said.

The following day, a Highway Patrol trooper had the vehicle impounded and found the four large duffel bags and the marijuana, authorities said.

Because the SUV was near the interstate and because of the poor road conditions, Trooper Will Vance believed the overturned vehicle was a hazard and decided to impound it, court documents said. Le's appeal claimed the impoundment was illegal, that the search was unconstitutional and that the marijuana evidence should be suppressed.

"Trooper Vance acted according to standard procedures when he decided to impound the SUV he found overturned on the side of the interstate during extreme weather conditions," the appeals court ruling said Monday. "There was no evidence suggesting any motive other than a concern for safety underlying Trooper Vance's decision to impound the SUV."

The search, including the opening of the duffel bags, was consistent with Highway Patrol policy to inspect impounded vehicles, the judges said.

Le was sentenced to 30 months in prison on the possession charge, the judges said.

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