Case Conclusion Date:November 5, 2012
Practice Area:Criminal Defense
Outcome:Motion to suppress was granted and the case was dismissed.
Description:Client was involved in a roll over accident. The police officer responding to the accident searched the vehicle without the drivers consent while the driver sat in the back of the police vehicle and found a marijuana pipe. Client was charged with possession of drug paraphernalia. We filed a motion to suppress arguing that the officer searched the vehicle without consent. The officer testified that he obtained consent while the client was sitting in the police cruiser. At a contested hearing, we were able to show through the circumstances of the offense, the vagueness of the officer's own police report, and the prosecutions failure to obtain the preserve the audio from the police cruiser indicated that the prosecution could not meet the burden of proof to indicate that the consent was specific and unequivocally obtained.