Police noticed a maroon Lexus with its radio blaring, cruising down the highway. The vehicle was traveling at an excessive speed and the police initiated a traffic stop. The Officer issued a traffic citation for Violation of a Traffic Control Device and asked the driver for consent to search his vehicle. The search revealed small amounts of marijuana on the floor of the vehicle and a small white pill under the driver’s seat. The Defendant had in his possession three bottles of prescription pills that he handed over to the Officer. One of the bottles contained two types of pills inside and the Defendant stated that some of the pills were Valium and he did not have the prescription bottle for them. The Officer placed the Defendant under arrest for Felony Possession of a Controlled Substance.
RESULT: Felony Possession Defense Attorney filed a Motion to Suppress Evidence based on a warrantless search and seizure. The Attorney effectively challenged whether or not the law enforcement officer had probable cause, resulting inNO CONVICTION on the charge of Felony Possession.