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Possession of Heroin and Possession of Drug Paraphernalia

Posted in Case Results on September 25th, 2015

Case No: 15-XXXXXXCF10A

Facts: The defendant along with his girlfriend was alleged to have caused a disturbance in the USA Food Store.  Broward Sheriff’s Deputy XXXXX XXXXXX conducted a pat down search of the defendant.  It is alleged that during the pat down search, Deputy XXXXXX found a metal spoon containing black residue in his front pocket.  It is alleged that the black reside tested positive for Heroin.  The defendant was subsequently arrested and charged accordingly.  At the time of the arrest, the defendant was on probation for a Attempted Trafficking in Hydrocodone case.

Outcome:  Mr. Sobel was hired immediately after the arrest.  Mr. Sobel was able to secure a bond for the defendant even though he was not entitled to one due to the violation of probation.  Mr. Sobel obtained all of the police reports available.  After reviewing the reports in the case, Mr. Sobel sent the case filing division of the State Attorney’s Office a detailed letter showing why this was an illegal search.  The state declined to file formal charges and the case was dismissed.