TRENTON — It was January, but the truck’s windows were open, the nervous driver kept getting out of the cab, and about 20 air fresheners pungently dangled from the cab’s ceiling. Trooper Michael Budrewicz had pulled over driver Ender Pompa on Route 78 in Greenwich Township around 8:30 a.m. on Jan. 28, 2007, because the truck’s U.S. Department of...
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Ender Pompa is sentenced to 10 years in prison in this 2008 photo. An appellate court reversed his conviction today.TRENTON — It was January, but the truck’s windows were open, the nervous driver kept getting out of the cab, and about 20 air fresheners pungently dangled from the cab’s ceiling.
Trooper Michael Budrewicz had pulled over driver Ender Pompa on Route 78 in Greenwich Township around 8:30 a.m. on Jan. 28, 2007, because the truck’s U.S. Department of Transportation number did not match the company’s name on the side of the vehicle.
The air fresheners and the jittery driver made the trooper suspicious and led to the warrantless discovery of more than 30 pounds of marijuana in the sleeper cabin behind the driver and passenger seats.
Pompa was convicted on drug charges in 2008 and sentenced to 10 years in prison.
His luck changed today when three appellate judges ruled Budrewicz’s actions were lawful until he searched the trucker’s personal space. The panel said the trooper lacked urgent circumstances that would permit him to search without a warrant.
The court allowed the suppression of the evidence, overturned Pompa’s conviction and ordered a new trial. His attorney could not be reached for comment today.
Warren County Prosecutor Thomas S. Ferguson said an appeal to the state Supreme Court is under consideration.
"You’re changing the rules a little bit," Ferguson said of an inspection the trooper made of the cabin before he actually searched. "I think it’s worthy of another look."
Budrewicz had performed a safety inspection, which state and federal rules allow in commercial vehicles.
As for the vehicle search, the Supreme Court has ruled they are legal without warrants when the stop is unexpected, police have probable cause to believe there is contraband or evidence of a crime and urgent circumstances make getting a warrant impractical.
Budrewicz only had the first two requirements, the appeals judges said.
The decision said the trooper decided to conduct the safety inspection because the driver’s log contained discrepancies and the trucker could not produce cargo documents.
As he sat in the cab, Budrewicz quickly smelled "a strong odor of raw marijuana" coming from the sleeper cabin, the court papers said. The trooper said the scent came from a black duffel bag in the closet, which did not have a door. That led to the discovery of marijuana in both the closet and the cabin.
