Drug Charges Dismissed Following Suppression Motion

July 2014

Michael’s client was charged with possession of methamphetamine as well as possession of a pipe. The client had a prior drug conviction but was offered drug diversion to keep with the conviction off his record. Michael advised his client not to accept the offer. Thereafter, Michael filed a motion to suppress that challenged the traffic stop, detention and search of the vehicle. Upon cross-examination, the two officers contradicted each other about significant facts relating to the stop, detention and search of the vehicle. Specifically, the officers admitted that a pill bottle recovered and used to establish probable cause to detain and handcuff all three passengers was a valid prescription for an antibiotic. The officers failed to include this fact in their arrest report. At the conclusion of the hearing and before the Judge reached a decision, the prosecutor offered the client a “trespass” with no jail or community service. Both drug charges were dismissed.