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Can an illegitimate trespassing charge(which later was/could be thrown out) be grounds for dismissal of other items discovered

Phoenix, AZ |

if an illegitimate call for trespassing is found by grand jury to not have had grounds/been wrongfully accused of so therefore no guilt was present, be grounds for dismissal of other illegal drugs found/charged with that were only found because of the original improper trespassing charge?

Attorney Answers 1


Excellent question. This issue is worth having an attorney research in detail after reviewing the specific facts of your case and possibly launch a challenge by way of a suppression motion. Generally, however, if at the time when the police found the drugs they were lawfully present (investigating the trespassing in good faith), and the illegal drugs were in plain view or otherwise lawfully obtained, the fact that the trespassing charge was no-billed by the Grand Jury is not going to result in suppression of the drugs. There are more facts to consider in this situation, and you need a good criminal defense lawyer to take a close look at the specific facts of your case to determine if there is a basis for challenging the admission of the drugs.

Good luck to you.

Ryan Stevens

All of my statements, including answers to questions, are intended only to be educational, just like my blog at Nothing that I post on the internet constitutes legal advice, nor does anything I post on the internet create an attorney-client relationship. If you need legal help, do not rely on what I post online, but do contact a lawyer for a free consultation. I do free consultations 24/7 at (928) 607-9928.

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