60 Pounds of Pot Suppressed

posted by Robert Rehkemper on Tuesday, June 01, 2010

The defendant was stopped because police felt that his windows were tinted too much, and the vehicle failed to present a front license plate. The defendant did not possess alcohol or drugs on his person, and there was no cause for a search of the vehicle. Although the police officer testified that the defendant appeared "not to be as innocent as the motoring public," the courts did not see that "appearance" on the video. Officers even conducted a dog sniff search (which is permissible and would have formed probable cause to search the vehicle if the dog had alerted to any drugs, but it did not). Defendant was permitted to leave the stop, but police officers then determined that they may have missed something, so they radioed ahead to officers who subsequently stopped the vehicle and conducted a warrantless search. Although police found 63 pounds of marijuana, the evidence was obtained in violation of the Fourth Amendment to the Constitution of the United States. Evidence suppressed, charges dismissed!
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Mr. Rehkemper was selected to the Super Lawyers list for the sixth straight year in 2018, and has repeatedly been named Avvo’s Client Choice and Top Attorney for DUI defense with a Superb rating of 10.0 out ... read more