April 29th 2010
Drug, Possession Class B (Cocaine)
Resisting Arrest
According to police, while on patrol in a high-crime area, they noticed a person transfer something to client. The other individual was person of high interest because of unsubstantiated allegations of prior drug dealing. Police asked defendant what he was doing and what was in his hand. He showed police the other hand and after repeated questioning from police he assented to their request and showed them a small baggie of cocaine. Client was irritated and according to police resisted arrest when they attempted to place the cuffs on him. Attorney Barabino challenged the constitutionally of the search. A hearing was scheduled, and the officer testified to what he saw and when he saw it. Attorney Barabino crossed-examined the officer challenging his observations and actions during the arrest. After the hearing and supplemental legal memorandums, the judge ruled that any evidence that was seen after the initial arrest cannot be used at trial, and a dismissal will be the only remedy for the District Attorney. Although the District Attorney seeks to have an appellate court review the judge’s findings, it was inevitable that this case would be dismissed.
RESULT: Motion to Suppress, ALLOWED, CASE TO BE BE DISMISSED
