MOTION TO SUPPRESS GRANTED AND CASE DISMISSED, POSSESSION OF MARIJUANA – SUMMER 1999

Craig Flory was victorious on a Motion to Suppress Evidence filed on behalf of a client charged with Class A Misdemeanor Possession of Marijuana. The District Attorney had continued to insist on a 6 months jail sentence based on their belief that the client was a “drug dealer” and the client’s prior criminal history.  Flory successfully argued ineffective consent to a warrantless search of the client’s home by numerous officers of the North Texas Narcotics Task Force based on the officers’ show of force, failure to obtain written consent for the search or make an audio or video recording of the consent, failure to read Miranda Warnings, a claim of a right to search without a warrant by the lead officer, and the client’s repeated questions about a search warrant.  The Court held all evidence obtained from the search was inadmissible and the case was subsequently dismissed by the District Attorney.

 

2019-02-04T22:26:02+00:00