Great day in Inglewood court! I was ready to go on a preliminary hearing with a suppression motion. The DA had to dismiss the case in its entirety based on the motion we submitted to the court.
Here are the facts: Client and his cousin were charged with felon in possession of a firearm after being stopped for tinted windows. They both had felony convictions from their younger years. People with felony convictions are disallowed from owning or possessing firearms.
The Los Angeles Sheriff's deputy that searched the vehicle stated it was due to the "strong odor of fresh marijuana" emanating from the vehicle. As a result of the smell of marijuana alone, the deputy searched the vehicle and its occupants and located two loaded firearms and a jar of marijuana in the trunk. Both my client and his cousin were charged with felony in possession of a firearm and faced prison time.
However, the Los Angeles Sheriff’s deputy did not follow the law - so I filed a PC 1538.5 Search and Seizure motion arguing that the odor of marijuana on its own does not provide law enforcement probable cause to search. If marijuana is legal in California - how can the odor of fresh marijuana be evidence of a crime?
Needless to say, the case was dismissed and my client can now move on with his life. To think, my client faced up to 6 years in prison for this case, where the LASD illegally searched the car. This is why filing these motions matter. #criminaldefense #searchandseizure #criminaldefenseattorney #felony #casedismissed