State v. Lothrop
Aug 24, 2016OUTCOME: Dismissal
The defendant was visiting a friend's house. The friend was on probation and while the defendant was there, officers arrived to search the home. The officers found multiple places where marijuana o ... r marijuana residue was located as well as several items of paraphernalia. None of these items were located on the defendant. The officers arrested everyone in the apartment for possession of a controlled substance and paraphernalia. While searching the defendant incident to arrest the officers discovered prescription medication for which the defendant lacked a prescription. The defendant was charged with misdemeanor counts of possession of a controlled substance and paraphernalia and a felony count of possession of a controlled substance. We filed a motion to suppress on the felony count, alleging the search incident to arrest was unlawful as the officers lacked probable cause to arrest the defendant. We prevailed and the evidence was suppressed. As a result of the suppression, the State dismissed all counts against the defendant. The defendant is now considering filing a 1983 action against the arresting officers.
