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Federal appeals court: NY cocaine stop was unlawful

Mon, Dec 29th 2008 12:00 am
CHATTANOOGA, Tenn. (AP) - A federal appeals court has thrown out the cocaine convictions of two New York men pulled over on an interstate in Hamilton County, saying a narcotics officer unlawfully stopped their car for straddling lanes.

Deputy Henry Ritter testified that he became suspicious of Michael Gross and Shamone Wilkins after noticing that they leaned back in their car seats as they passed by him May 8, 2006, on Interstate 75. He said their car then straddled northbound lanes while going up White Oak Mountain.

The 6th U.S. Circuit Court of Appeals reversed the lower court's ruling, which allowed prosecutors to use as evidence one kilogram of cocaine discovered in a search of the car.

Assistant U.S. Attorney Robert Anderson declined comment.

Both men were imprisoned after entering plea agreements, but an attorney for them said they should be released.