Won Preliminary Hearing at Grand and Central

I won a preliminary hearing at Grand and Central this morning. The client was charged with Possession of a Controlled Substance. The officer testified that he and his partner were patrolling a "high narcotics area" and saw my client standing on the street corner. They approached my client to conduct a "field interview" and patted him down for their safety. As they were patting him down a sock fell from his pants. The police officer picked up the sock and looked through it. Inside the sock he found several ecstacy pills.

On cross examination I asked the officer if he observed my client involved in any suspected narcotics transactions. The officer said no. The officer said he did not see my client interact with anyone at this location or do anything other than just stand on the street corner. After the sock fell from my client's pants, I asked the officer if he had permission from client to pick up his sock and look through it. There was laughter in the courtroom. More importantly I noticed the Judge smile and realized I had made my point. The judge found no probable cause and the case was dismissed. The client, who was in custody on a $75,000 bond, was relieved that he would be going home a free man later that day.

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