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| | | Police execute search warrant at client's home. During search drugs are found in bedroom area shared by client and girlfriend. Illegal handgun recovered in common area of home outside of basement bedroom. Insufficent evidence to establish beyond reasonable doubt that client alone had knowlegde, dominion and control over drugs and handgun. Not guilty verdicts following trial on all drug and gun charges. |  | | | | Police stop client for marked lanes violation just after midnight. While producing license and registration police ask driver whether he has ever been arrested before. Driver admits that he has prior arrests for OUI and Possession of Marijuana. Police ask whether there is any contraband in vehicle to which driver hands a pipe used to smoke marijuana. Subsequent search of vehicle reveals an additional amount of marijuana. Defense argues police violated defendant’s right to be free from unreasonable search and seizure as questioning went beyond allowable scope of typical motor vehicle violation stop, in that driver should have been cited for violation and allowed to leave. Defense Motion to Suppress allowed, Possession of Controlled Substance Charge Dismissed. | | | | | Officer observes client drive into gas station parking lot where a passenger of the car is seen making calls from the pay phone. Client is then followed to a nearby hotel where the officer conducts survaillance thru night-vision binoclars. Officer observes client park parrallell to another vehicle in the parking lot, at which time a passanger in client's vehilce exits the car, retrieves something from the other vehicle, and places it into client's trunk. Client is then stopped while exiting the hotel parking lot due to a defective headlight. In response to questioning, client gives answers as to his whereabouts which are inconsistent with the police officer's recent observations. A subsequent search of the vehicle reveals two pounds of marijuana and almost $8,000.00 in cash. Defense argues that stopping the vehicle for the headlight violation was a pretextual searh for drugs without a reasonable suspiscion of criminal activity. Motion to Suppress Allowed/Case Dismissed | | | | | Police observe client parked in hotel lot with engine running. Police park behind the van, at which time client exits his vehicle and begins to walk toward the hotel. Police officers order client back into the van where they approach and smell the odor of marijuana. Client is then ordered to exit the van and a subsequent search results in the discoverty of a small amount of marijuana and a bong under the driver's seat. Defense argues that the police lacked legal justification to order the defendant back into his vehilce where the contraband was then discovered. Defense Motion to Suppress Evidence Allowed, Possession of Marijuana Complaint Dismissed. | | | | | Police stop pick-up truck for alleged loud muffler and travelling through toll both employee parking lot. Officer alleges that both passenger and driver are acting nervously after handing over license and registration and calls for back-up. Once back up arrives, both driver and passenger/client ordered to exit truck. Two ounces of marijuana found rolled up inside knit hat on passenger seat. Defense argues continued detention after initial stop for loud muffler was illegal and beyond scope of allowable detention where there was no evidence of ongoing criminal activity and "nervousness" does't constitute evidence of crime. Defense Motion to Suppress Evicence allowed, Possession of Controlled Drug Complaint Dismissed. | | | | | Police receive information that client sells heroin and recently traded an amount of the drug in exchange for some rare and valuable hummels recently stolen from a neighboring jurisdiction. Police obtain and execute a search warrant where the hummels are located. Client is then placed under arrest. Subsequent to the arrest, police re-enter the apartment and continue to search, uncovering a large quantity of heroin leading to a charge of possession of heroin with intent to distribute. Defense argues that the search of the apartment which took place after the hummels were discovered exceeded the scope of the search warrant. Motion to Suppress Allowed/Distribution Charges Dismissed. | | | | | Off-duty police officer observes client driving in traffic "smoking some sort of cigarette using his right index finger and right thumb." Officer then testifies that he smells the odor of marijuana while driving behind client's car. Client ultimately stops his vehilce in the parking lot of a local school, where officer aproaches him and again smells marijuana. A search of the vehicle then results in the discovery of a "roach" inside the ashtray. Defense argues that officer's actions were conducted without a reasonable suspicion of criminal activity. Defense Motion to Suppress Evidence Allowed, Possession of Marijuana Complaint Dismissed. | | | | | Police receive a telephone call from a package store clerk alleging that two teens had attempted to buy alcohol and the left in a "dark colored" car. Several minutes later, police observe client and a passenger driving in a dark car. After stopping the vehicle, client is observed displaying signs of recent marijuana consumption. A search of the car then reveals marijuana in the passanger compartment. Defense agrues that the stop of the defendant's vehilce was unreasonable based upon the vague nature of the description of the suspect vehicle. Defense Motion to Suppress Evidence Allowed, Possession of Marijuana Complaint Dismissed. | | | | | Campus police recieve reliable information that freshman is keeping marijuana in her dorm at the request of her boyfriend for sale to students on campus. Campus Police do not obtain a search warrant and instead wait until the next overnight shift to knock on the student/cleint's doorm room door at 1:00 a.m. Upon opening door police walk in turn on lights and immediately begin to question student about presence of drugs in room. Client becomes emotional, crying and retrieves the drugs for the police. Defense argues consent cannot be established as exception to warrant requirement because it was coerced and the result of an initial illegal entry into dorm room. Defense Motion to Suppress Evidence Allowed. Possession, Possession with Intent and School Zone Complaints Dismissed. | | | | | Police stop cleint for alleged defective headlight. After approaching the driver, officer observes "blunt" papers in the backseat of the car. Police then determine that the vehicle is unregistered and uninsured. After ordering the defendant to exit the car, officer enters the car where he smells marijuana aand observes a number of pot seeds on the floor. After observing that the defendant "appeared nervous," the defendant is ordered to empty his pockets and the police then confiscate a bag of marijuana and a glass pipe. Defense argues that, given the length of time between the stop of the car and the subsequent observation of the seeds and the odor, the police officer did not possess a reasonable suspicion of criminal activity at the time he ordered client to empty his pockets. Defense Motion to Supress Evidence Allowed, Possession of Marijuana Complaint Dismisssed.
| | | | | Police see client pumping gas and observe that the inspection sticker on the vehilce is missing. A subsequent check reveals that the car is uninsured and that client's license is suspended. Police decide to tow the vehicle from the gas station and perform an inventory search of the car, which results in the discovery of a small amount of marijuana hidden inside a cigarrette box. Defense argues that the decision to tow the vehicle from the private, gas stattion parking lot was unreasonable and that the act of opening the cigarette box was a search beyond the scope of the police department's inventory search policy. Defense Motion to Suppress Evidence Allowed, Possession of Marijuana Complaint Dismissed. | | | | | Client is stopped for failing to dim his headlights as police officer passed in the opposite lane of travel. After stoppong the car, officer smells a strong odor of marijuana. After calling for back-up, officer orders client from the vehicle over the cruiser's PA system. When questioned, client denies ever using drugs. After an intial pat frisk of client reveals nothing, officer decides to search the car, where he finds a picture of the defendant smoking from a bong. Officer then conducts a second pat frisk of the client and finds a film cannister containing marijuana. Defense argues that the continued detention of the defendant exceeded the scope of the permissible inquiry given the basis for the initial motor vehicle stop (failure to dim high beams). Defense Motion to Suppress Evidence Allowed, Possession of Marijuana Complaint Dismissed. | | | | | Police stop client for red-light violation. Defendant becomes agitated with Police yelling at him to hang up his cell phone. Ultimately client is dragged from the car by police, brought to the ground and handcuffed. Intially the Police charge the defendant with OUI and remove him from the scene. Arresting officer removes shipping package from front seat of client's car before it is towed from scene. Police admit that seizure of shipping container was not part of any inventory policy and that they later had to open packeage using knife to cut shipping tap. Inside several varities of illegal steriods are found. Defensne argues search of car and seizure of shipping container is not a valid inventory search nor a vailid search incident to arrest as the defendant is already in custody and removed from car. Defense Motion to Suppresse Evidence allowed, Possession of Controlled Drugs (Steroids) Charge Dismissed. Not guilty on OUI charge at trial. | | | | | Police enter defendant's home to execute an arrest warrant for the defendant. DSS workers accompany the police to ensure the well being of client's children. After defendant is placed under arrest, and after the children are in DSS custody, police officers remain inside the home, where they observe cocaine and marijuana in plain view. Drug-sniffing dogs are then brought into the home to conduct a further search. Defense argues that, once the client was placed under arrest, the police officer's continued presence inside the home consisuted an unreasonable search and seizure. Defense Motion to Suppress Evidence Allowed, Complaints for Possession of Marijuana and Possesssion of Cocaine are Dismissed. | | | | | Police receive an anonymous call regarding individuals playing chess and smoking marijuana in an open field area. Police respond and find client playing chess and "reeking of marijuana." Police officer then discovers a marijuana roach in the vicinity of client's seat. Defense argues that evidence is insufficient to prove client was in possession of the marijuana confiscated by the police. Defendant found Not Guilty on the charge of Possession of Marijuana. | | | | | Client is stopped after allegedly touching the center line on two occasions and swerving within his lane. Client is ultimately arrested for operating with a suspended license. An inventory search of the vehicle yields a small amount of marijuana, a tin foil pipe and some roaches in the ashtray. After client is arrested and transported to the station, officer finds a small bag of cocaine in the back seat of the police cruiser, which was not there prior to client's arrest. Defense argues that the defendant's car was stopped without a reasonable suspicion of criminal activity thus requiring the suppresion of all after-acquired evidence. Defense Motion to Suppress Evidence Allowed, Complaints for Possession of Marijuana and Possession of Cocaine are Dismissed. | | | | | Police receive an anonymous tip complaining about people driving into shopping carts in the parking lot of a local supermarket. Upon arrival, officer observes a car matching the description provided by the caller, but the officer does not personally observe any suspicious or illegal activity. Police officer activiates blue lights and approaches the client's car, where he observes the odor of marijuana. A search of the car then reveals a pouch containing marijuana and two glass smoking pipes. Defense argues that the uncorroborated information provided by the anonymus caller did not justify the the police officer's initial decision to seize the defendant's vehicle. Defense Motion to Suppress Evidence Allowed, Possession of Marijuana Complaint Dismissed. | | | | | Police receive tip that client is cultivating marijuana in the back yard of his home. Police then conduct a "fly over" in a helicopter, at which time they allegedly observe marijuana plants growing on the defendant's property. After securing a warrant based upon observations made from the helicopter, police search the property and confiscate a large number of marijuana plants. Defense argues that the "fly over" consituted a warrantless search of the defendant's property. Court concludes that, in the absence of evidence as to how high the helicopter was flying at the time the observations were made, the government failed to meet its burden of demonstrating that the client's right to privacy was not violated. Defense Motion to Suppress Evidence Allowed, Cultivation and Possession of Marijuana Complaint Dismissed. | | | | | Police respond to client's apartment to execute an arrest warant. Once inside the home, client is hand-cuffed and placed into custody. Police then detect the odor of recently burnt marijuana and ask the defendant where the drugs are located. Defendant then points to the entertainment system where police find several ounces of marijuana. Defense argues that defendant should have been advised of his Miranda right to remain silent before being questioned as to the location of the contraband and that police seizure of contraband was fruit of the poisonous tree. Defense Motion to Suppress Statements Allowed, Possession of Marijuana Complaint Dismissed. | |
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