Practice Area: Criminal defense
Outcome: Case Dismissed after Motion to Suppress Granted
Description: The defendant was stopped for speeding. The officer claimed to smell an odor of burnt marijuana in the vehicle. The defendant and his passenger were detained and a subsequent search of the vehicle resulted in a charge of possession of marihuana against the defendant. A Motion to Suppress Evidence argued that, although the odor of burnt marijuana gave the officer probable cause to search the vehicle, the detention and subsequent search exceeded the scope and time permissible under the law. The Motion to Suppress was granted, excluding the evidence, and the case was dismissed.