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Possession of Cannabis

Posted in Case Results on August 8th, 2013

Case Number: 13-XXXXXXMM40A

Facts: The defendant and a friend were standing outside a pool hall. A police officer pulled into the parking lot and smelled the odor of fresh burnt cannabis. The officer followed the smell of the cannabis to the defendant and his friend. The officer said that he saw the friend cupping what he believed to be a “blunt.” The officer detained both individuals. The officer requested consent to search the defendant. After conducting a search of the defendant, the officer found cannabis in his pocket.

Outcome: Mr. Sobel conducted his own investigation in this case. He was able to uncover a mountain of disciplinary problems that the officer has in his past as well as the fact that he was currently under investigation by the Florida Department of Law Enforcement for untruthfulness. Even thought the Office of the State Attorney was required to disclose this information, they failed to do so. Ultimately, Mr. Sobel filed a Motion to Suppress arguing that the detention of the defendant was illegal as it was not based upon reasonable suspicion that a crime has been, is being or was about to be committed.

The afternoon prior to the hearing on the Motion to Suppress, the Assistant State Attorney assigned to the case called and indicated that they would be dismissing the case as the Motion to Suppress was a sure winner. Due to diligent work, the case against the defendant was dropped.