Charge (Count 1): Possession with Intent to Deliver Cocaine Less Than 50 Grams
Felony: Imprisonment for not more than 20 Years or $25,000.00, or both
Court: Wayne County Circuit Court
Preliminary Examination Held; Motion to Dismiss: DENIED
Motion to Convene Evidentiary Hearing to Suppress Evidence: GRANTED
Motion to Suppress Evidence and Dismiss: GRANTED
Disposition: Case DISMISSED.
Note: This case involved a police stop of the Defendant based on an anonymous tipster (or confidential informant that wished to remain anonymous) that provided information to the police about an alleged drug transaction to take place. The police set up surveillance and, upon the Defendant arriving at the location, the officers forcibly removed the Defendant from his car and, prior to any Miranda warnings, questioned him while laying face down on the concrete, spread eagle, with weapons pointing at him. In this submissive position, while in custody, the Defendant advised the police where the cocaine was in his vehicle. Because the police were not relying on a search warrant and no exception to a warrantless search existed, the judge suppressed the cocaine evidence and dismissed the case. The judge particularly focused on the fact that the police did nothing to corroborate the tip prior to taking the Defendant into custody. Corroborating the tip, via witnessing a hand-to-hand transaction, for example, would have prospectively made the search valid. In this case, based on the above facts, it was deemed an unconstitutional search.
For more information on stops and searches of automobiles, click here.