However, he wrote, the officer did err when he continued to ask Tran for consent to search his car 13 times before even running his license information and checking his registration and proof of insurance.

The judge determined that the officer acted on a “hunch,” was lawfully obligated to investigate a traffic stop and had no independent reasonable suspicion to expand the scope of the investigation into a search for marijuana.

The Canyon County Prosecutor’s Office has the right to appeal Ryan’s decision.

According to the Idaho Repository, Tran faces charges of felony drug trafficking in marijuana and misdemeanor possession of paraphernalia. He is due in court again for a motion hearing June 12.