Case No: 13-XXXXXXCF10A
Facts: The defendant and his wife were walking on a sidewalk having a verbal altercation. Two police officers approached in full tactical uniforms and began to speak with the two individuals. The officers made gestures and comments indicating that they wished to speak with the two individuals away from the sidewalk. One of the officers told the defendant to take his hands out of his pockets for officer safety. During the conversation, the wife of the defendant told one of the officers that her husband was holding alprazolam pills for her. The officer then asked the defendant if he had the pills and ultimately placed the defendant under arrest.
Outcome: Mr. Sobel conducted a full investigation into the facts of the case. He took the depositions of both of the officers. Mr. Sobel filed a motion to suppress indicating that the officers violated the defendant’s 4th amendment right when they detained him for the conversation. Prior to the motion to suppress, the Office of the State Attorney dismissed the case as they knew Mr. Sobel’s arguments were correct. The defendant’s case was dropped and is now eligible to have his records expunged.