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Pittsburgh man bound over on drug charges after traffic stop

LANA MUTHLER

lmuthler@lockhaven.com

LOCK HAVEN — A Pittsburgh man was bound over for court on charges of possession with intent to deliver, and possession of drug paraphernalia in connection with a traffic stop at 5:41 a.m. on May 19 that yielded 26 pounds of marijuana and $2,147 in cash.

Yuan Bin Tan, 22, was returned to the Clinton County Correctional Facility on $250,000 bail following his preliminary hearing Tuesday before District Judge John Maggs.

State Police Trooper Jonathon Rishell testified that he stopped the 2017 Hyundai Elantra driven by Tan because he noticed that it remained in the left passing lane of Interstate 80 in Porter Township for several miles, even though there was no traffic and there were no other vehicles on the highway to prevent him from driving in the right-hand lane.

Coupled with the fact that they were in a “known drug corridor,” the trooper said he became suspicious and decided to pull over the 2017 Hyundai Elantra, which had Ohio registration.

Trooper Rishell said he became more suspicious when he walked to the car and talked with Tan. Both Tan and a passenger in the front seat, Wo Ming Lin, 29, of California, were extremely nervous, shaking and putting their hands up, the officer said. When asked for identification from Tan, he produced a rental agreement. He had no driver’s license, Trooper Rishell said.

Tan told the officer he was coming from New York where he was partying with friends and driving to Pittsburgh for a couple days before returning to New York. There was no luggage in the vehicle, the trooper said, adding to his suspicions.

When he asked Tan if he could search the car, Tan responded, “No,” Rishell said.

At that point, the trooper said he talked with the other trooper on patrol with him that night and decided to call the state police barracks at Rockview and see if a K-9 dog was available. About 45 minutes later a dog and handler arrived. As the dog walked around the vehicle, it stopped at the driver’s door and jumped through the open window, alerting the troopers to suspected drugs.

As the troopers searched the vehicle, they found a large black duffle bag with 23 sealed packages of marijuana. Each bag contained 1.16 pounds for a total of 26.68 pounds of marijuana, Rishell said.

Under cross examination by defense attorney Thom Rosamilia, Trooper Rishell said the money was found on the person of Lin, and also that Lin’s name was on the rental agreement.

“There was no money on my client?” Rosamilia asked. The trooper said, no.

Rosamilia asked about fingerprints on the duffle bag or bags of marijuana. Rishell said there were none.

“Is there any evidence to connect Tan with what was in the trunk?” Rosamilia asked.

“He was the driver of a vehicle with 26 pounds of marijuana in the trunk,” the trooper replied.

Asked if he could smell marijuana, the trooper said, “No,” and added, “it became intent due to the currency found on the passenger.”

In asking the judge to dismiss both counts, Rosamilia said, “The rental car was rented by the passenger. What’s in there is the passenger’s possession. The driver had no idea what was in the truck. It took a K-9 to even know a smell. There is nothing that connects my client to the passenger.”

Assistant District Attorney Mike Angelelli disagreed.

“There was possession, intent to deliver. They were in a drug corridor. They were nervous. There was 26 pounds of marijuana. That’s the evidence. This operator was in the vehicle with 26 pounds of marijuana in the trunk. That’s more than enough for possession and intent to deliver,” Angelelli said.

Judge Maggs said the fact that Tan said “no” when asked by police if they could search the vehicle is clearly enough evidence that he was working with the other gentleman, and moved the case onto the next stage–either a plea bargain or trial.

Tan is also charged with driving without a license and not driving in the right lane. Lin is charged with possession with intent to deliver and possession of drug paraphernalia.

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