Case No: M11-XXXX
Facts: The defendant was the passenger in a vehicle that was stopped by the police for the improper display of a tag. The driver of the vehicle was asked to exit the vehicle at which time the officer saw in plain view a marijuana cigar (blunt) on the driver's side floor board. The defendant, passenger, was then asked to exit the vehicle. Upon exiting the vehicle, the office saw in plain view a marijuana cigar protruding from the carpet of the floor mat.
Outcome: Prior to trial, Mr. Sobel was able to convince the Office of the State Attorney that there was no evidence to show that the defendant was in constructive possession of the cannabis found on his side of the vehicle. Mr. Sobel explained that there were no statements regarding ownership of the cannabis nor was there any evidence to show that the defendant had the ability to exercise dominion and control over the cannabis. Ultimately, the state dismissed the case without the need of a trial.