Man testified he did not give permission to search vehicle

A Kankakee man arrested for possession of drug paraphernalia and cannabis testified in court that there was no probable cause to stop and search his vehicle at a DUI checkpoint on July 4, 2013.

Justin Harvell, 21, of 7286 North Road Kankakee, Illinois, testified in court on Apr. 3 that the officer who stopped him at a DUI checkpoint on Armour Road did not ask permission to search his vehicle.

Harvell said that when the officer, state trooper Clayt Wolfe, stopped him he provided his license and insurance when asked. The officer told him his eyes looked glassy and had him step out of the car to search his person and vehicle without permission, Harvell told the court.

According to Wolfe, Harvell was not intoxicated, but was asked to step out of his vehicle because his eyes were glassy and his hands were shaking. Wolfe told the court that Harvell gave him permission to search his vehicle. Wolfe found a backpack on the back seat of Harvell’s truck, which had in it a clear plastic bag, containing suspected cannabis.  

Harvell said that his eyes were glassy because of his work on Arthur Bush farm. He told the court he did not give Wolfe permission to search his vehicle.

Presiding Judge Kathy Elliott will give a decision after reviewing case law on May 8. At that time, attorneys will present closing arguments.