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MOTION TO SUPRESS GRANTED; PILL CHARGES DROPPED

Drugs and Narcotics


Case:
State v. J.B.; Case No. 2004-CF-4935 (St Lucie County)

Charges:
Count 1 - Possession of a Controlled Substance without a Prescription Count 2 - Sale of Oxycodone


Arresting
Agency:
St. Lucie County Sheriffs Office
   
Defense:
Our client was sitting in a vehicle with a friend in the parking lot of the St Lucie Draft House. An Officer found the behavior "suspicious" and approached the vehicle and saw our client cutting a pill in half. The Officer ordered our client out of the vehicle and directed him to "stay put". We filed a Motion to Suppress arguing that the seizure of our client was not legal. The basis for this argument is that the plain view exception to the warrant requirement was not satisfied. In other words, the incriminating nature of the pill was not "immediately apparent" and no criminal activity existed at the time our client was seized.


Result:
Motion to Suppress granted; All charges were dropped by the State.

 

See Court Documents
PDF


Case Results - Prior Results Do Not Guarantee A Similar Outcome. The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual case or situation.

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Brian Mallonee is a Criminal Defense Lawyer Serving
St Lucie, Indian River, Martin, and Okeechobee Counties

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