People v. Anonymous Defendant
May 21, 2009OUTCOME: Case Dismissed in the Interests of Justice
Client charged with violation of Penal Code 148: Resisting, Delaying, or Obstructing an Officer in the Lawful Performance of his Duties. Client was being harassed by a police officer. He was riding ... his bicycle on the sidewalk and told to stop so that the harassing officer could "investigate" the violation. Client kept riding and officer gave chase. Client rode across the street and is alleged to have thrown what looked like narcotics into the bushes (but which were never recovered) until client finally loses traction while fleeing and is apprehended. Client was "known" to harassing officer as a narcotics user, but harassing officer had not been able to catch client. Filed a motion to suppress the fact of arrest for unreasonable search and seizure under the Fourth Amendment of the US Constitution and set case for trial. On the trial and motion date, the prosecutor dismissed the case in the interests of justice based on the motion to suppress that was filed.
