Craig Flory successfully negotiated a conditional dismissal of a client’s Class B Misdemeanor Possession of Marijuana case (the client was required to provide a clean urinalysis test and complete the drug offender education program as well as 20 hours of community service). The arresting officer had followed the client’s vehicle for several blocks, observing no traffic infractions, before pulling up behind the client’s vehicle immediately after it was parked and activating his spotlight. Upon his approach by foot to the client and his vehicle, the officer claimed he smelled the “strong odor of burnt marijuana” coming from the client and his passenger, who had both exited the vehicle, as well as from the vehicle itself. Flory argued that a detention of the client had occurred immediately upon the arresting officer’s activation of his squad car’s spotlight (prior to his detection of the odor of marijuana) and that no reasonable suspicion for the detention existed at that point. NOTE: Client never complied with the terms of the conditional dismissal so the case was not dismissed.
