The Defendant was stopped for walking on the street where a sidewalk was present. After the Officer warned the Defendant about the infraction of walking on the street where a sidewalk was present he then requested permission to search the Defendant. The officer stated that Defendant consented to a search of his person and as a result of the search the officer discovered marijuana and other drug paraphernalia. Defense counsel motioned to exclude the drugs and other evidence that resulted from the search, and reasoned that the consent given by Defendant was not voluntary. All charges were dismissed.
DUI & Criminal Division
