Man facing felony charge
FAIRMONT — A Culver, Indiana, man is facing a felony charge in Martin County.
Joseph Carl Schaub, 21, has been charged with drug possession in the fifth degree, which carries a maximum penalty of five years in prison and a $10,000 fine.
According to the complaint:
At 7:02 a.m. July 13, a Minnesota State Trooper was on routine patrol driving westbound on Interstate 90 in Martin County when he observed a vehicle driving east on I-90. The trooper observed that the driver was not wearing his seatbelt as required by state law, and completed a U-turn through the median to follow the vehicle.
The trooper observed the vehicle fail to stop at the stop sign to County Road 53, and attempt to turn north on County Road 53. The vehicle failed to yield the right of way to a northbound white pickup truck, nearly causing a crash.
The trooper initiated a traffic stop and approached the vehicle, along with another trooper. The driver was identified as Schaub through his driver’s license. Immediately upon contact, the trooper observed the odor of fruity cigarillos and observed that Schaub’s eyes were bloodshot.
The trooper observed multiple vacuum sealed bags that appeared to be used, ripped open and the contents removed.
Through his training and experience, the trooper was aware that cigarillos are commonly used to smoke marijuana, with their original contents removed and filled with marijuana.
Schaub said he was aware that he nearly caused a crash and claimed not to have seen the white pickup. He also admitted to failing to wear his seatbelt, claiming he had a medical issue with his shoulder. The trooper observed three other passengers in the vehicle, two females and one male.
Schaub indicated the four of them had come from Utah where they had been camping, having left Indiana on July 7. The trooper observed a tent and small cooler, and also observed that there appeared to be little luggage for four people to be camping for one week.
Schaub was unable to provide proof of insurance, but looked in the glove compartment to locate it. During that time, the trooper observed a small black scale commonly used to measure street drugs. The trooper also observed residue on the scale.
The trooper observed that the rear passengers both had blankets over themselves that obstructed the view of the area in which they were seated. It appeared to the trooper that the blankets were placed in a manner to obstruct the view of any content in the rear passenger compartment. All occupants appeared to be nervous.
The trooper asked that Schaub continue to look for his insurance information, and returned to his squad vehicle before returning to present Schaub with a citation for failure to wear his seatbelt and failure to yield the right-of-way. The trooper then asked Schaub about his driving times and the trip generally. After Schaub indicated a story that demonstrated a lack of sleep, the trooper was concerned about his ability to drive and had Schaub exit the vehicle.
Upon exiting, Schaub again indicated he had driven straight through since Utah and was tired. The trooper then indicated to Schaub his observations about possible controlled substance use, and asked Schaub for permission to search the vehicle. Schaub refused.
The trooper then contacted the Faribault County K-9 unit to complete a sniff of the vehicle. The K-9 deputy advised that her canine partner had alerted to a drug odor on the exterior of the vehicle and advised that a search should be completed. At that time Schaub admitted there was a small amount of marijuana and small amounts of THC edibles in the vehicle.
The vehicle was searched and officers discovered one THC vaporizer glass bong under the right front passenger seat that tested positive for THC, one jar of multiple vacuum sealed packs of green leaf marijuana under the left rear passenger seat that tested positive for THC, and an empty bottle of THC edibles under the left rear passenger seat. Located within the vehicle spare tire storage location officers discovered 597 grams of green leaf marijuana in multiple packages.
Schaub admitted that all of the illegal drugs were his and claimed the passengers had no knowledge of the items. Schaub was placed under arrest and transported to the Martin County Jail. At the jail, he was advised of his rights and indicated he understood.
During his interview, Schaub did not deny that the illegal drugs were his. He again claimed that none of his passengers knew anything about the drugs, stating that he purchased them in Colorado mostly through legal shops.
Schaub admitted he purchased the whole leaf marijuana off the street, and estimated he spent about $2,000 on the marijuana products.