Case Conclusion Date:February 23, 2010
Practice Area:Criminal Defense
Outcome:Suppression granted, charges withdrawn
Description:Robert E. Mielnicki, Esq. was retained to represent R.D. who was charged with Poss. With Intent to Deliver Marijuana. The police stopped R.D.â€™s vehicle for a traffic violation. Upon approaching the vehicle, the police smelled an â€˜overwhelmingâ€ odor of marijuana. The police ordered R.D. out of the vehicle and retrieved a backpack from the front seat. The backpack was opened and 876 grams of marijuana was found. Attorney Mielnicki conceded that the search was lawful under the United States Constitution but contended that the opening of the backpack without a warrant violated Article I, Sec. 8 of the Pennsylvania Constitution. The Court agreed and ordered the marijuana suppressed. The charge was then withdrawn.