Case dismissed for client charged with possession with intent to deliver prescription medicine
CR was charged with possession with intent to deliver narcotics. According to the arresting officer, he witnessed CR pickup another individual in his car and the two purportedly engaged in a hand to hand transaction shortly thereafter. The officers stopped CR’s vehicle and a search was conducted. The search revealed a distribution quantity of prescription medicine. Mr. Fiscella filed a motion to suppress and the matter went to hearing. At the hearing on the motion to suppress, Mr. Fiscella demonstrated that there was not probable cause to stop the vehicle in the first place. Since the narcotics were a direct product of this illegal stop and seizure, the narcotics were suppressed from evidence and the case was dismissed.