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Possession of Cocaine, Possession of Marijuana

Posted in Case Results on March 6th, 2015

Case 13-XXXXXXCF10A

Facts:  The police received an anonymous call that a man and a women were in a car having a heated verbal altercation.  When the police arrived, they left their cars in a such a way that they blocked the exit of the parking lot.  The officers approached a saw a man and a woman in a car having a very heated verbal altercation.  The police asked both the man and the woman to exit the car so that they could “sort things out.”  When the man exited the car, the police saw that he was sitting on a container that had marijuana in it.  The police immediately placed the man in handcuffs and searched his person.  During the search, the police found crack cocaine in his pockets.

Outcome:  Mr. Sobel filed a motion to suppress arguing that the detention was illegal in that it was not supported by reasonable suspicion of criminal activity.  Mr. Sobel asserted that the way the police used their vehicles essentially blocking the defendant in and then asking him to exit his vehicle was illegal.

Prior to the motion to suppress hearing the state conceded to the motion and dismissed the case.