Illegal Search Leads to Exclusion of 7 grams of cocaine and 1 pound of mushrooms
Oct 08, 2021OUTCOME: Case Dismissed
Client was pulled over for driving with no front license plate and allegedly rolling a stop sign. The police officer approached the vehicle and claimed that the Client look nervous and ordered him out ... of the vehicle. The police officer then conducted an illegal search of the client which lead to the discovery of 7 grams of cocaine on his person. A search of the vehicle lead to the discovery of bags, scales, money, and 1 lb of mushrooms. At the preliminary hearing a motion to suppress was filed. We argue that there was no reason to order the Client of the vehicle and conducted a pat down search. The motion was denied. In anticipation of the motion, the DA brought the offer down from 3 years in state prison to 1 year of probation. State prison was initially offered because of Client's prior strike conviction. I counseled the Client that while he may avoid prison time, I wanted the opportunity to re-litigated the motion to suppress with a new judge. My client trusted me and rejected the offer. The case was presented to a new judge and upon further argument granted the relief sought. All the evidence, including the drugs, were excluded from evidence which resulted in the DA dismissing the case.
