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Big air fresheners fail to disguise pot in car

By DAVID C. SHAMPINE
TIMES STAFF WRITER
TUESDAY, NOVEMBER 24, 2009
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An Ogdensburg man's two air fresheners were enough to get his car stopped Sunday afternoon, but not enough to disguise the odor of 55 grams of marijuana, according to the Jefferson County Sheriff's Department.

Troy S. Benowitz, 35, of 625 State St., Apt. 1, was arrested on a misdemeanor charge of fifth-degree criminal possession of marijuana after being stopped at 11:35 a.m. on Route 37 in the town of Theresa to be cited with having an obstructed view.

He was released on $500 bail by LeRay Town Justice John D. Hallett.

Deputy Shaun D. Cuddeback said he saw Mr. Benowitz's southbound car in Redwood, and noticed "several" car fresheners hanging from the rearview mirror.

He turned around and followed the car for a distance before making the traffic stop. When he approached the motorist, he said, there were two fresheners that were quite large.

When Mr. Benowitz opened his door, Deputy Cuddeback smelled marijuana, he alleged.

The deputy let his dog, Liberty, out of his patrol vehicle to do a walk-around, prompting Mr. Benowitz to protest that his constitutional rights were being violated and that a search warrant was necessary, Deputy Cuddeback said.

After the dog alerted to the driver's door and to the trunk, the deputy asked permission to conduct a search.

Mr. Benowitz denied permission.

He was taken into custody for investigation, and the car was towed to the Metro-Jefferson Public Safety Building. A search warrant was issued and the marijuana was found, according to the sheriff's office.

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