Officers visited a home in an attempt to serve an occupant with a warrant. They smelled freshly burned marijuana. The police were invited inside. The officers allegedly saw a bong and bag of pot inside an open backpack. The defendant playing XBox admitted the backpack belonged to him and that the leafy green substance inside was pot. Officers arrested the suspect and charged him possession of marijuana and possession of paraphernalia.
RESULT: The defense challenged whether or not the backpack was open and its contents in plain view. The attorney explained to the State the intention to file a motion to suppress the evidence of the search. Prior to filing the motion, the State DROPPEDthe possession of marijuana charge and the Court ruled NO CONVICTION for the charge of possession of paraphernalia.