JG was traveling with four friends in an area known for narcotic use when he was stopped by the police. Upon approaching the vehicle the police officers claimed to smell a strong odor of cannabis. After conducting a field interview, JG was arrested for possession of cocaine and cannabis. JG’s family retained Robert J Callahan & Associates soon after and we immediately began our investigation and preparation for the preliminary hearing.
During the preliminary hearing the police officer admitted on cross that only JB was arrested because he attributed the odor of cannabis to JB alone. This is highly illogical since the officer did not claim to see JB smoking the cannabis and gave no explanation as to why the odor couldn’t have come from any of the other passengers. Additionally, the cocaine was discovered inside the pocket of JB’s coat which arguably goes well beyond a ‘field interview.’ After completion of the cross examination, the Judge expressed serious doubt as to the facts of this case. RESULT-FINDING OF NO PROBABLE CAUSE AT PRELIMINARY HEARING-CASE DISMISSED