Driver claims “set up” after illegal drugs allegedly found in his vehicle

Pago Pago, AMERICAN SAMOA — A 39-year-old man, who is on probation for a drug conviction 3 years ago is now charged with violating local drug laws after police officers discovered methamphetamine and marijuana inside his vehicle during a traffic stop in the Vaitogi area three weeks ago due to the vehicle having two different license plates on it.

The government charged Abraham Valaau with a flurry of felonies and misdemeanors:

One count of unlawful possession of methamphetamine with the intent to distribute; one count of unlawful possession of methamphetamine; one count of unlawful possession of marijuana; all unclassified felonies, punishable by imprisonment of five to ten years, a fine of up to $20,000 or both for each count; along with one count of driving under the influence of alcohol and one count of possession of an open container of alcohol inside the vehicle, both misdemeanors.

Valaau made his initial appearance in court last month.

His bail is set at $10,000.

THE CASE

The government claims that on Nov. 24th about 6.09p.m, two police officers conducted a traffic stop in front of Cost-U-Less store after officers spotted a red Ford F-150 with no current paper tag (lime green sticker), heading in the opposite direction, so officers turned their police unit around and followed the vehicle. While the truck picked up speed, and the police continue to follow, they discovered that it had a different license plate on the back and the license plate light was out.

Officers requested for the Dispatcher to make a quick check on the status of the two license plates, with the Dispatcher stating that one of the plates expired three years ago while the other belonged to a different vehicle and had expired 8 years ago.

Officers pulled over the truck and found four adults inside it, and the driver was later identified as Abraham Valaau, the defendant in this case.

Valaau was told about the problem with the license plates, and the defendant told police that he understood why he was being pulled over, but he’s in a rush to pick up his wife from home because she’s late to work. He then attempted to move his vehicle to get away from the officers, however, he was strongly advised by officers to turn off his vehicle, which he eventually did.

When asked about his driver’s license, the defendant said that he had forgotten his license at home and did not have any other photo identification in his possession.

The two officers then impounded the vehicle at the Tafuna Police Substation, and Valaau was informed that an inventory of the vehicle would be conducted because it had been impounded.

It was during the inventory search, police found a medium size yellow envelope under the driver’s seat, which was found to contain 6 cut up straws containing white crystalline substance; 5 small stamp-sized baggies containing white crystalline substance and 45 small empty baggies. 

Officers showed the yellow envelope to the defendant and he just shook his head left and right and said he didn’t know anything about it. He further stated to officers that he never saw the yellow envelope when he jumped inside the vehicle.

Officers pulled each item outside of the yellow envelope and showed it to the defendant who again shook his head, indicating that he didn’t know anything about it.

The DPS Vice and Narcotic and K9 Unit were then contacted for assistance and upon their arrival VNU immediately took over the investigation.

The white crystalline substance that was inside the yellow envelope tested positive for methamphetamine while the green leafy substance that was also found inside the yellow envelope tested positive for THC, the active ingredient in marijuana.

The defendant was Mirandized after which he acknowledged understanding the document and that he wished to make a verbal statement about the incident.

According to the defendant’s verbal statement to investigators, his own pickup has been at a mechanic shop for almost two weeks now, so he went to his uncle’s home in Malaeloa and borrowed his truck to use. His uncle told him that the vehicle’s registration was expired.

So every time he wanted to use the vehicle for shopping he placed his own vehicle license plate number 6791 on his uncle’s vehicle so he could just go to the store and come back home, but unfortunately this time he was stopped by police on the road and he admitted what he did was wrong.

The defendant also stated that he was surprised when the inventory of the impounded truck turned up a yellow envelope allegedly containing the illegal drugs. Valaau further stated that he didn’t see what the cops were doing because the cop that was at the driver’s side door blocked his view. He further told investigators that there was no yellow envelope inside the truck during the whole time he used it.

Investigators interviewed the police officer who conducted the inventory search where he stated that the defendant had a clear view of the search because he was standing next to the other police officer.

Investigators also questioned a second police officer present during the inventory search, who confirmed that the defendant had a clear view of the search because he could see the defendant from the passenger door standing next to another police officer.

A third police officer also present during the search told investigators he asked the defendant what was inside the lighter socket and the defendant looked and told him that he didn’t know what was inside.

When investigators questioned the defendant again regarding the officers’ statement that he had a clear view of the search and he did see the yellow envelope pulled from under the driver’s seat, the defendant shook his head and told investigators, “This was a set up.”