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Charges Dismissed After Challenging a Search

Key Details

  • Charge: Possession of methamphetamine with intent to distribute.

  • Risk: Prison sentence.

  • Outcome: The case was dismissed (Nolle Prosequi) after the defense's motion to suppress was granted.

Case Description

The charge was filed against the client for unlawful possession of methamphetamine with intent to distribute. The accusation followed a vehicle stop by Deputy Dylan Michael Phillips, who, after checking the license plate, discovered the vehicle's owner had an outstanding arrest warrant.

After the stop, the deputy obtained verbal consent to search the vehicle from both the client and the owner. The search resulted in the discovery of evidence that formed the basis of the charge.

Legal Strategy

The legal strategy was to file a motion to exclude evidence.

Challenges

The primary challenge in this case was that the client and the vehicle's owner had consented to the search. This made the task significantly more difficult, as voluntary consent typically makes evidence admissible in court. The legal team had to meticulously examine all details of the stop and search to find grounds for challenging the legality of the deputy's actions.

Resolution

As a result of the hearing on the motion to suppress, the court granted the defense's request. Since the primary evidence was excluded, the prosecution was forced to drop the case. All charges were dismissed, allowing the client to avoid a prison sentence. This outcome highlights the critical importance of examining the legality of procedural actions, even when consent has been given.

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