Possession Class D (Marijuana) Charge Dismissed

Defense wins Motion to Suppress warrantless stop, detention, search and arrest. Police stop vehicle for loud muffler. After receiving license and registration Officer alleges he detects odor of burnt marijuana emanating from vehicle. Officer orders driver to step from vehicle to submit to pat down frisk for weapons although officer admits on cross exam that he saw no evidence of weapons or suspicious movements and detected no odor of marijuana on the driver’s person. Officer next orders back seat passenger from vehicle, conducts pat down frisk and feels hard cylindrical object. Fearing object is a weapon, the officer removes object and finds it to be a bowl for smoking marijuana with residue. Again officer admits no odor of marijuana on any of the three occupants. Subsequent search of car discloses marijuana in client’s purse. Court holds search of car based on illegal pat down search Officer had no legitimate safety concerns given lack of suspicious movements, daytime hour, suburban downtown location of stop.

29 years of Proven Results.

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