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Possession of Cannabis

Posted in Uncategorized on April 16th, 2013

Case No: 10-XXXXXXMM40A

Facts:  Broward Sheriff’s Deputy XXXXXX  XXXXXXX was dispatched in reference to an anonymous call of a Black male, wearing dark clothing, possibly breaking into vehicles.  The anonymous caller did not provide a height, weight, age range or any specific clothing that the alleged suspect was wearing.  The deputy observed a black male wearing dark clothing walking two blocks from where the Deputy was dispatched.  The deputy approached the black male, the defendant, to further investigate the defendant in reference to the anonymous tip.  During this investigation/detention the deputy discovered cannabis in the vehicle allegedly driven by the defendant.

Outcome: Mr. Sobel filed a motion to suppress the cannabis as the detention/investigation was based upon an anonymous tip with a vague description.  The officer was not able to corroborate the tip as he did not observe the defendant engaging in some sort of criminal activity consistent with the information provided by the caller.  Further, the vague description provided by the anonymous tipster would not justify the deputy stopping the defendant to question him. The tip did not include any descriptive information concerning age, height, weight, or specific articles of clothing.

After reading the motion to suppress the Office of the State Attorney dismissed the charges before the necessity of a hearing.