Our client was stopped for allegedly speeding by a Deputy with the Orange County Sheriff’s Office. The Deputy stated in his report that upon speaking with our client he could smell the odor of burnt cannabis coming from within the car. The Deputy had the client exit the vehicle. The Deputy wrote that he noticed a round tube consistent with a cigar tube, recognizable to him as a common place people keep illegal narcotics and reached in our client’s pants and removed the tube. The tube contained approximately 3 grams of cannabis. The Deputy arrested and charged our client with both possession of cannabis and possession of drug paraphernalia. During the consult process our attorney was able to spot a legal issue with the search of our client as potentially being illegal. Additionally our attorney was able to assist our client finalize his application for a legal medical marijuana prescription card. During the life of the case, the client was able to obtain approval for the card and provide a hard copy of it to the State and Judge. Based on the combination of a potential illegal search and the valid medical marijuana card, the State agreed to dismiss all charges rather than go forward on the Defense’s motion to suppress evidence.
DUI & Criminal Division
