Felony Gun Charges Dismissed Following Motion to Suppress Evidence

October 2023

Our client was charged with felony possession of a loaded and concealed weapon.  He was contacted and detained while walking down the street in downtown Los Angeles.  Detectives from the Los Angeles County District Attorney’s office were working a task force with Pennsylvania State Police while trying to apprehend a fugitive suspected of committing fraud in excess of $1 million dollars.  They were armed with a fugitive warrant that provided a description of the suspect.  Believing our client to be the suspect, the Detectives pulled over and detained our client.  During the interaction, the Detectives reported that our client had “reached for his waistband” causing the Detectives to believe he had a firearm. After handcuffing our client, the Detectives searched the client and did find a firearm.  We filed a suppression motion and issued subpoenas for surveillance video from the owner of the building where the contact and arrest took place.  The video turned out to be critical as it contradicted the reports and testimony of the officers elicited during cross-examination at the hearing.  During the hearing, the Judge concluded that the Detectives lacked probable cause to detain and search our client resulting in the dismissal of charges.

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