MAY 2006 DRUG CASE OF THE MONTH

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DRIVER STOPPED FOR SPEEDING ON INTERSTATE 93

AFTER A WARRANTLESS SEARCH OF HIS CAR, THE POLICE DISCOVERED A BAG OF MARIJUANA

BASIC FACTS:   A state trooper stopped the defendant’s car for allegedly speeding. The trooper clocked the defendant at 70 miles per hour in a 55 mile per hour zone. When the trooper approached the defendant’s window he asked for his license and registration. The trooper saw a beer can in the cup holder of the defendant’s car, but the beer was unopened. The defendant produced his driver’s license without any problems. The defendant opened his center console to retrieve his registration. When he did the trooper saw two orange packets of rolling papers and a book of matches. In the back seat the trooper observed an operating manual for a device used to pass a drug test after using marijuana. 

Based on these observations, the trooper asked the defendant to get out of the vehicle because he suspected he would find marijuana in the defendant’s car. Once out of the vehicle, the trooper asked the defendant if he would consent to a search of the vehicle by the trooper and his K-9 police dog. The defendant agreed to the search while outside the vehicle. The trooper searched the vehicle and found a bag of marijuana. The defendant was charged with possession of marijuana. Because the defendant had a prior narcotics offense on his record, he was charged with a Class A misdemeanor for possession of controlled drugs.

THE COURT PROCEEDINGS:          Attorney Stevens filed a motion to suppress all evidence of the search because the search was made without a warrant and without any reasonable suspicion that the defendant had committed a crime. Attorney Stevens argued that the defendant’s state and federal constitutional rights were violated when the trooper searched his car. A pretrial hearing was conducted during which the trooper testified about his observations and Attorney Stevens and the prosecutor argued about the motions.  

OUTCOME:    The state would not agree to drop the charge. After the hearing on the motion to suppress all the evidence, the Court granted Attorney Stevens’ motion to suppress and all the evidence of marijuana was excluded from trial (i.e. “thrown out”). Without any evidence, the case was dismissed. This saved the defendant from losing his driver’s license and protected him from paying a hefty fine.

RESULT:        CASE DISMISSED!

Attorney Stevens thanks God for this successful defense!!!

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