Cannabis Case Dismissed

C.S. is a twenty-six (26) year old woman with no prior criminal record.

While driving northbound on I-95 in St. Lucie county, a cop traveling in the opposite direction claimed he saw C.S. following the car directly in front of her “too closely.”

The Deputy made a U-turn, caught up with C.S. and pulled her over.

Upon approaching C.S.’s car, the cop claimed he ‘smelled the distinct odor of raw cannabis emanating from inside the vehicle.’  Using that reason to search the car, he ultimately located a trace amount of weed along with a ‘one-hitter’ pipe. NOTE:  Both the pipe and the ‘shake’ were inside of plastic baggie, which was inside a sealed plastic container, which both were inside  the closed center console of the vehicle.

C.S. was arrested and charged with possession of cannabis, a first degree misdemeanor per Ch. 893.13,(6)(a), Fla. Stat., and with possession of ‘narcotics paraphernalia,’ also a first degree misdemeanor in per Ch. 893.147, Fla. Stat.  In sum, C.S. faced a maximum sentence of two (2) years in the county jail based upon the items recovered during the search of her car.

At the conclusion of vigorously contested Motion to Suppress, attorney Jay Kirschner persuaded the trial judge that the search was illegal, and the Court then suppressed all of the evidence of the items recovered in the search.   CASE DISMISSED.

Related Posts
Persistence, Research, and Thinking Outside the Box Lead to Termination of Sex Offender Probation
The Case Background For JS, the first trial ended in a mistrial. The second trial resulted in a conviction, which was reversed and remanded on appeal. The third trial held...
Energy Cannot, But Injunctions Can
Although the First Law of Thermodynamics states that energy can neither be created nor destroyed, in Florida’s legal system, injunctions absolutely can be created and destroyed. The Power of Injunctions...
Case Dismissed: Jonathan Jay Kirschner, Esq., Wins Cyberstalking Case After Three-Day Trial
In a recent courtroom triumph, Jonathan Jay Kirschner, Esq., & Associates, LLC successfully defended a client accused of cyberstalking—a serious and emotionally charged allegation that carries significant criminal penalties under...