Craig Flory successfully negotiated an outright dismissal of a client’s Class B Misdemeanor Possession of Marijuana case where the arresting officer observed client’s vehicle backed into a parking space in the parking lot of an elementary school at 11:30 p.m. in an unlit area away from the building and near a playground. The officer, finding it “unusual that a vehicle would be parked in that manner and and that location at almost midnight on a Friday night,” parked and approached the client’s vehicle on foot. Once arriving at the client’s vehicle, the officer knocked on the driver’s side window, identified himself as police officer to the client who was sitting in the driver’s seat, and made a rolling motion with his hand indicating to the client that she should roll down her window. Flory argued that a detention of the client had occurred when the officer directed her to roll down her window and that no reasonable suspicion of criminal activity existed at that point. The State agreed and dismissed the case.
