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Possession of MDMA, Possession of Cannabis and Possession of Drug Paraphernalia

Posted in Case Results on July 22nd, 2013

Case No: 13-XXXXXXCF10A

Facts: The police officer Schmidt observed two vehicles parked side by side in the rear of a shopping plaza.  The officer then parked her vehicle several spots away from the aforementioned vehicles.  It is alleged that three of the individuals then exited their vehicle and began to walk towards the officer’s vehicle.  In response to seeing the three individuals walking towards his police cruiser the officer ordered that the individuals return to their vehicle.  the officer then approached the vehicle and observed cannabis on the backseat floor board near one of the defendant’s feet.  All of the occupants were ordered to exit the vehicle and a search of the vehicle was conducted.  MDMA pills were found in the closed glove box of the vehicle.  The defendant was subsequently arrested for possession of the MDMA as he was the person who occupied the front passenger seat near the glove box.

Outcome:  Mr. Sobel was hired immediatly after the arrest.  This allowed Mr. Sobel to conduct his own investigation into the facts surrounding the arrest.  Mr. Sobel contacted the case filing division of the State Attorney’s Officer.  This is the office that is responsible for filing formal criminal charges.  Mr. Sobel successful argued to the case filing attorney that there was no evidence to prove the constructive possession of the MDAM found in the glovebox of the vehicle.  In response to this argument, the MDMA charges were no-infoed (declined).  The Office of the State Attorney filed a misemenor  criminal information for possession of cannabis and possession of drug paraphernalia.

Mr. Sobel filed a Motion to Suppress arguing that the detention by the officer was illegal.  Prior to arguing the motion to suppress in court, the Office of the State Attorney conceded to the motion and dismissed all charges.

Outcome:  All of the charges were dismissed without the defendant ever having to step foot in a courtroom.