Lil Wayne's Felony Drug Possession Case Dismissed

William C. Head

Case Conclusion Date:March 3, 2009

Practice Area:Criminal Defense

Outcome:Felony Drug Possession Charges Totally Dismissed

Description:In a widely publiciced news story, Hip Hop Superstar, Lil Wayne, had been arrested in an Atlanta hotel room that was part of the block of rooms his music company had rented for a multi-day photo and video shoot in Atlanta in August of 2006. The August 14th, 2006 charges were initially dismissed by a Magistrate Judge for lack of evidence. Fulton County District Attorney Paul Howard's office "revived" these charges in late summer of 2007. Using a driver's license address, a court notice was mailed to Mr. Carter at his former address in Louisiana, but that home had been destroyed by Hurricane Katrina. Even though the court notice had been returned to the Fulton County District Attorney as "undeliverable" for more than 30 days, and the copy was in the clerk's file, an arrest warrant was issued for Lil Wayne by attorneys in DA Howard's office, and the entertainer was arrested in Boise, Idaho on October 6, 2007. Mr. Head obtained the superstar's release on that same day (as Saturday) by obtaining a modification of the arrest warrant, at about 6 PM EST. Then, Mr. Head filed numerous motions challenging the legitimacy of the search of Rooms 401 and 402 of Twelve Hotel, Atlantic Station. Moreover, the Motions challenged the authority of police to enter these rooms without a warrant. The connecting rooms were used as Lil Wayne's dressing rooms, and occupied by one of the workers who was hired for the photo shoot. Judge Michael Johnson heard the motions on November 22, 2008, and issued a written order that was filed March 3, 2009. In that order, the Fulton Superior Court Judge found a lack of a proper search, and found the testimony of police officers to have been inconsistent (on certain key points) and "not credible". All evidence from the search was suppressed for violations of the Fourth Amendment, effectively ending the prosecution. See these NEWS LINKS for more details: ARREST: http://www.absolutely-not-guilty.com/lilwaynesarrest.html DISMISSAL: http://www.expertclick.com/NewsReleaseWire/default.cfm?Action=ReleaseDetail&ID=25740 http://www.hiphoprx.com/2009/03/04/lil-waynes-felony-drug-charges-dropped-rapper-extends-i-am-music-tour/

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