Craig Flory successfully negotiated a dismissal of his client’s Possession of Marijuana case by arguing that the detention of his client was unconstitutional and convincing the District Attorney that a Motion to Suppress Evidence would be granted by the Court. Flory’s client was sitting in his automobile in the parking lot of a city park when the police responded to a report of “suspicious activity.” Flory’s client denied the arresting officer’s request for consent to search his vehicle, but then admitted to having an e-cigarette in his vehicle. Under other circumstances, this would have given the officer probable cause to search the vehicle since the client was only 17 years old, making it illegal for him to possess tobacco products under Texas law. However, Flory argued that his client had been illegally detained at the beginning of the police encounter, meaning that the client’s admission of illegal possession of the e-cigarette was inadmissible. Flory convinced the DA that the arresting officer had detained the client immediately upon his arrival at the park by blocking the client’s car when he parked his squad car directly behind the client’s vehicle, and that a mere report of “suspicious activity” did not amount to reasonable suspicion of criminal activity, the standard required constitutionally for the police to detain someone for further investigation.
