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DISMISSED: Possession of Cocaine, Possession of a Controlled Substance without a prescription and Possession of Drug Paraphernalia.

Posted in Case Results on June 22nd, 2016

Charges: Possession of Cocaine, Possession of a Controlled Substance without a prescription and Possession of Drug Paraphernalia.

Facts:

The Boca Raton Police received a phone call from the ex-girlfriend of Mr. XXXXXX.  She indicated that she used an phone “app” to locate her ex-boyfriend’s  phone.  The app indicated that the phone was in the area of her residence.  She was concerned that Mr. XXXXXX may possibly try to break into her home and provided a description of her ex-boyfriends car.

Boca Raton Police located the car across the street from her residence.  The officers approached the vehicle in an effort to conduct a “consensual encounter.”  The officers ordered Mr. XXXXX roll down the window so that they could speak with him. After speaking with him for a period of time, the officers ordered Mr. XXXXXX to exit the vehicle.  The officers further state that Mr. XXXXX was sweating and had slurred speech.

After exiting the vehicle, Mr. XXXXXX engaged in a conversation with the officers regarding his ex-girlfriend and her residence.  One of the officers believed that he saw copper “brillo” shavings protruding from a glasses case inside the vehicle.  The officer believed that the “brillo” was drug paraphernalia.  After making this observation, the same officer observed a glass crack pipe in the center coin tray.  As a result of this observation, Mr. XXXXXX was read his Miranda rights and the vehicle was searched.  Mr. XXXXXXX was arrested and charged with Possession of Cocaine, Possession of a Controlled Substance without a prescription and Possession of Drug Paraphernalia.

Outcome:  Mr. Sobel was retained immediately after the arrest.  Mr. Soble was able to obtain the police reports and sent a detailed letter with case law and argument to the prosecutors office.  After reviewing Mr. Sobel’s argument, the Office of the State Attorney declined to file formal charges in the case.  The case was dismissed and Mr. XXXXX never had to step in a courtroom.