Marijuana Crimes Case Results (Part 2)

Internal Reference #1063

Facts: On 1/18 at approximately 0145 hours. Officer A observed the defendant stopped at a traffic light. The defendant put his vehicle in reverse and backed up at the stoplight. When the light turned green he proceeded eastbound. Officer A got behind the defendant and ran his Florida Registration on his MDC. Per the returned message, Officer A was advised that the vehicle tag had a seize tag order and the registered owner known as the defendant had a suspended Florida DL. Officer A continued to follow the vehicle and noticed that the vehicle’s exhaust system was altered and very loud. At this point, Officer A decided to conduct a traffic stop. Officer A active his emergency equipment and sounded his siren. The defendant continued to travel eastbound for approximately ½ mile where he finally stopped.

Officer A notified dispatch of the vehicle stop and advised the tag number and vehicle description. As Officer A approached the vehicle that dispatch advised the seize tag order and this particular vehicle was BOLOed earlier in the shift as a vehicle that was driving recklessly. Officer A made contact with the driver who appeared nervous. Officer A learned that the driver was in fact the defendant. Officer A requested his Driver’s License and Vehicle registration. As the defendant provided his documented, Officer A noticed his hands were trembling and he was nervous. At this time, backup deputies arrived. They stayed with the defendant and Officer A returned to his vehicle to write the defendant two traffic citations for a Vehicle With an Altered exhaust and Driving While License Suspended First Offense. When Officer A returned to the vehicle to have the defendant sign the two citations, he asked the defendant why he was so nervous. The defendant advised that he had a Concealed Weapons Permit and was carrying a handgun in the center glove box. Officer A had the defendant exit the vehicle and Officer A retrieved a loaded Glock 19 handgun with a fifteen round magazine, for officer safety. Also stored in the center glove box was a second fully loaded fifteen round magazine and a fully loaded thirty round magazine. Officer A had the defendant produce his CCF Permit. As Officer A was securing the handgun, he noticed a strong odor of marijuana inside of the vehicle. Officer A advised the defendant Miranda from a issued card. The defendant acknowledged his rights and agreed to answer additional questions. Officer A asked him if there was marijuana in the vehicle. The defendant stated there may be a small amount between the seats. Officer A began to check the rest of the passenger compartment when he discovered a Kel Tech .223 semi auto machine pistol on the back seat within reach of the front seat occupant. The machine pistol was concealed under a black sweater. On the rear floorboard, Officer A located a 100 round fully loaded .223 drum magazine for the machine pistol. Officer A recovered the machine pistol, and the drum magazine for the machine pistol. Officer A recovered the machine pistol, and the drum. Officer A continued to smell the strong odor of marijuana in the vehicle. The smell was more pungent in the rear seat area and towards the trunk. Officer A continued to search the rear seat area and located several small zip-lock baggies in the pocket on the rear of the front seat passenger seat. There was a small amount of marijuana residue in the baggies, but not enough for the amount of odor that he was still smelling in the vehicle. Officer A also located one spent 9 mm shell casing on the floor of the rear passenger compartment. He recovered these items for evidence.

Officer A then began to search the trunk where he immediately found a large black nylon rifle case that contained two additional .223 fully loaded 30 round magazines and other equipment for the machine pistol. The odor of the marijuana was stronger in the trunk of the vehicle and he continued to search the trunk for the source of the odor. On the rights ide of the trunk panel where the jack and tire tools would be housed, officer A located a zip-lock baggy with three additional zip lock baggies that contained a small amounts of marijuana packaged for street level sale. On the exterior of the baggy that had the three baggies with marijuana was a handwritten number 10. From Officer A’s training and experience, he knows this is a common way that street level narcotics dealers note the amount of narcotics contained a package and the amount each should be sold for.

Upon further inspection, Officer A located two blue latex globes each with a handwritten inscription of 10 and 20 respectively. Officer A knew that these are inscriptions used in the street level sale of narcotics. Inside each of the latex gloves was additional zip-lock baggies individually packaged with small amounts of marijuana for street level sale. Officer A revered all of the individual baggies and the latex gloves and the empty baggies with the handwritten inscriptions typical of street level narcotic sale packaging. Officer A arrested the defendant and placed him in handcuffs for the charge of Possession of Marijuana with the Intent to Deliver.

Officer A seized the defendant’s CCF permit, the two firearms, and all the ammunition for both guns, the magazines and the packaged marijuana and took it all as evidence. Officer A field-tested the suspected marijuana with a Duquenois Reagent Test Kit and it showed positive for marijuana. Officer A photographed the firearms, ammunition, and magazines.

At the office, Officer A weighed all the marijuana and it totaled approximately 4.5 grams. Officer A repackaged the marijuana and had it sent to the lab for further testing. Officer A also photographed the marijuana and how it was packaged for evidence.

The defendant was brought to the District Office where he was processed for booking. Officer A packaged all the evidence for transport to the lab.

The defendant was in possession of marijuana for street level distribution. Additionally, the defendant was armed with two firearms while committing eh felony of Possession of Marijuana with Intent to Deliver. The defendant was charged accordingly and transported to the jail for booking. The defendant was also issued the two traffic citations for the initial traffic violations. The defendant’s vehicle was towed and was held for confiscation. Officer A seized the tag as directed by the Teletype message.

Officer A will notify The Department of Agriculture and Consumer Services to inform them of the defendant’s arrest for the listed felonies while being armed.

Charges:

1. Loud/Defective /Muffler/Cut-out(316.272) Traffic Infraction
2. Driver While License Suspended-First(322.34-2a) – Traffic Criminal
3. Sell/Man/Del Poss/W/Intent Schedule 1a,1b,1d,2 (893.13-1a1) Max 60 days County Jail
4. Use Display Etc Firearm During Felony(790.07-2) Third Degree Felony – 5 year Max Florida State Prison
5. Use Display Etc Firearm During Felony(790.07-2) Third Degree Felony – 5 year Max Florida State Prison
6. Weapons Offense Commit 3 Degree Fel W(775.087-1c) Third Degree Felony – 5 year Max Florida State prison

A “Knock and Talk” was conducted at the above residence in reference to a follow-up investigation. Officer D Met with a female who said she lived there with the defendant and their child. A shoebox containing approximately 32 grams of marijuana, digital scale, pipe, and plastic baggies was recovered by the female from the closet in the master bedroom. The female stated she did not know it was there and the shoeboxes belonged to the defendant. The amount of marijuana, scale, and baggies are consistent with the sale of marijuana. The marijuana field-tested positive using a Narco-test kit.

The defendant was charged with Possession of Marijuana with intent to Sell (893.13-1a2(1C7))

Results:

1. Loud/Defective /Muffler/Cut-out(316.272) - Dismissed
2. Driver While License Suspended-First Offense(322.34-2a) – Withhold of Adjudication
3. Sell/Man/Del Poss/W/Intent Schedule 1a,1b,1d,2 (893.13-1a1) - Dismissed
4. Use Display Etc Firearm During Felony(790.07-2) - Dismissed
5. Use Display Etc Firearm During Felony(790.07-2) - Dismissed
6. Weapons Offense Commit 3 Degree Fel W(775.087-1c) –Dismissed

Mr. Foley filed a subsequent motion to return the firearms, which was granted. All evidence was returned tot eh defendant.

Internal Reference #2013

Facts: At approximately 1522 hrs., Officer V responded to a gas station regarding a suspicious vehicle called in by the gas clerk. Communications advised that the gas clerk advised that the occupants of the vehicle might have been involved in a drug transaction. Upon arrival, Officer V observed Officer P speaking with four juveniles in the parking lot of the gas station near a white Toyota Camry, which matched the description of the suspicious vehicle called in by the clerk. Officer P gained consent to search of the Toyota. The juveniles on scene stated to Officer P and Officer V that there was marijuana in the car.

Officer P found two individually packaged plastic bags with a green leafy substance inside them, on the passenger’s side rear floorboard. Officer V then identified the defendant as a possible suspect who was in the car, at which time Officer V read him his Miranda Rights. The defendant advised that the green leafy substance found in the car was marijuana and that he was the owner of it. Officer V then placed the defendant under arrest. Search incident to arrest, Officer V found large wad of cash in the defendants right front pocket that was tightly wrapped in a rubber band, which is consistent with selling/delivering narcotics. The defendant did not have a reasonable explanation for having the large sum of money. The defendant advised that he was unemployed and that he was just holding the money for someone. The money and marijuana were seized and stored and kept away from each other. The defendant was transported to the police department for processing. Detective W responded to the police department with his narcotics detection K-9 partner in order to money proof the cash. The K-9 alerted on the cash, at which time the cash was placed into police department property for forfeiture proceedings. The suspect marijuana was field-tested positive for cannabis and was placed into police department property.

The defendant was charged with Possession of Marijuana with Intent to Deliver due to the way the marijuana was packaged individually and the large amount of money found on his person. The defendant was later transported to the jail.

Charges: Possession of Marijuana with Intent to Deliver Over 20 grams (893.13(1a2) (Felony)

Result: Mr. Foley convinced the state to reduce the charge to simple Possession of Marijuana (misdemeanor)

Note: Based on the facts of this case, Mr. Foley supplied the state attorney with case law, Thames v. State of Florida and Jackson v. State of Florida, and Sampson V. State of Florida, and Lesaine V. State of Florida which stood for the proposition that the quantity of drugs and money found on the defendant’s person without other corroborating evidence, was not inconsistent with personal use. Accordingly, this case should be reduced to a misdemeanor. The state disagreed with Mr. Foley’s logic, a side bar was taken, the case law was presented to the judge, he compared it to the probable cause affidavit filed in the case, and asked the prosecutor what was she thinking, she repeated her former statement that she disagreed. The judge contacted her supervisor, that state attorney was removed from that judge’s courtroom the next day and the result was that the case was reduced from a felony to a misdemeanor.

Internal Reference #3007

Facts: A traffic stop was conducted on the listed vehicle, occupied by the defendant and a passenger, in reference to failure to use designated lane. From directly behind Officer K. observed the vehicle traveling south, the vehicle suddenly crossed over the double yellow center lines (both front and rear tires) suddenly and entered into the north bound lanes of travel before correcting back into the correct lane.

When Officer J. made contact at the passenger door, he immediately detected the strong odor of fresh burnt cannabis. Officer J. noticed the passenger had a traditional cigarette in his right hand and that he very discreetly broke the cigarette apart, duping the contents on the ground while he continued to hold the filter portion in his hand. Based on Officer J.’s training and experience, he identified the spilled contents of the cigarette to be suspected cannabis (test positive).

Officer J. asked passenger to exit and when Officer J. spoke with passenger outside, he could detect the odor of burnt cannabis emitting from the passenger’s person. When Officer J. advised passenger of the observations, defendant advised Officer J. that he had a small amount of marijuana in the vehicle’s AC vent.

Officer J. located a small bag of suspected cannabis (approx. .5 grams field tested positive) from the center vehicle dash AC vent. Officer J. also located a rolled up piece of tin foil that was charred on one end in the driver’s door pocket.

Post Miranda, defendant advised that he had recently smoked marijuana in the vehicle (using the rolled tin foil as a pipe). He advised that he placed the bag of cannabis in the AC vent when Officer J. pulled behind him. Defendant advised that he got nervous and explained that this was the reason he drove into the oncoming lane.

Post Miranda, the passenger advised that he had used marijuana from the bag to smoke in his cigarette and that he had also smoked marijuana with the defendant using the rolled up tin foil.

Charges: Possession of cannabis, 20 grams or less

Result: Possession of cannabis, 20 grams or less – Dismissed

All Charges Dismissed

Internal Reference #4001

Charges:

1. Possession of Cannabis
2. Possession of Drug Paraphernalia

Results: The defendant entered into a Pre Trial Intervention Program.

Case Dismissed

Internal Reference #4005

Facts: The defendant was observed through suspect cannabis out of passenger vehicle window by the officer. The cannabis was field-tested positive and weighed 2.2 grams. Post Miranda the defendant advised the suspect cannabis was his and was Marijuana.

Charges: Possession of Cannabis/20 Grams or Less

Results: Possession of Cannabis/20 Grams or Less – Dismissed

All Charges Dismissed

Internal Reference #4006

Facts: The defendant was in possession of suspected cannabis. The cannabis was inside of a blue “Jolly Rancher” box. The defendant admitted that the suspected cannabis was his. Approx. weight 1 gram- Field Tested Positive.

Charges: Possession of Marijuana

Results: Possession of Marijuana – Dismissed

All Charges Dismissed

Internal Reference #5005

Facts: ∆ arrested for marijuana possession.

Charges: Possession of cannabis less than 20 grams (893.13(6B))

Result: Possession of cannabis less than 20 grams (893.13(6B)) – Dismissed

All charges dismissed

Internal Reference #5012

Facts: ∆ was in possession of under 20 grams of marijuana.

Process: ∆ said officer pulled door of car open and pulled ∆ from car without saying anything. Prosecutor saw Mr. Foley got ∆ in diversion program, sees another drug charge in another county, tracks down the case and sees ∆ already in diversion program there.

Charges: Possession of cannabis 20 grams or less (893.13 – 6b)

Result: Possession of cannabis 20 grams or less (893.13 – 6b) – entered into a diversion program, graduated program and dismissed

Dismissed

Internal Reference #5015

Facts: ∆ was found in possession of cannabis under 20 grams + drug paraphernalia during traffic stop.

Charges:

1. Possession of cannabis 20 grams or less
2. Possession of drug paraphernalia

Result:

1. Possession of cannabis 20 grams or less – drug court, dismissed
2. Possession of drug paraphernalia – drug court, dismissed

All charges dismissed

Internal Reference #5019

Facts: Possession of marijuana less than 20 grams. ∆ had in his constructive possession approximately 2 grams of suspect marijuana that field tested positive.

Process: Mr. Foley filed a motion to withdraw because the client was not making payments.

Charges: Possession of marijuana less than 20 grams (893.13(6)(B))

Result: Motion to Withdraw Granted

Internal Reference #5031

Facts: ∆ was found to be in possession of cannabis, to wit: cannabis was located in ∆’s possession. ∆ admitted post-Miranda to possession of the cannabis.

Charges: Possession of cannabis less than 20 grams (893.13(6)(B))

Result: Possession of cannabis less than 20 grams (893.13(6)(B)) – plea bargain, Withhold of Adjudication, Court Costs

Internal Reference #6006

Facts: Officer observed a truck traveling northbound in the inside lane. Officer visually estimated the vehicle’s speed to be between 85 and 90 mph. Officer then activated his radar and received an audio Doppler tone and digital reading of 88 mph. The ∆’s vehicle also had illegal window tint. Upon approaching the passenger side of the vehicle, officer could smell a strong odor of marijuana coming from the vehicle. After issuing the driver a citation for unlawful speed, officer asked for consent to search the vehicle. The ∆ consented to the search. The ∆ then stated that he had some marijuana in his duffel bag in the back seat. Upon searching the vehicle, officer located the marijuana the ∆ stated was his. The ∆ was charged with possession of marijuana under 20 grams, possession of paraphernalia, and unlawful speed.

Charges:

1. Possession of marijuana 20 grams or less
2. Possession of narcotics paraphernalia

Result:

1. Possession of marijuana 20 grams or less – nolo contendere, adjudication withheld, 1 months probation, 6 month early termination
2. Possession of narcotics paraphernalia – nolo contendere , adjudication withheld, 6 months probation

NO JAIL NO CONVICTION

Internal Reference #6009

Facts: Officer made contact with ∆ while conducting hit and run investigation. Teletype check revealed one active warrant for Violation of Probation. ∆’s vehicle was inventoried for towing, at which point a clear plastic bag containing a green leafy substance (suspect cannabis) was located in the center console. This substance was field-tested positive for the presence of THC. The approximate weight of the cannabis was 7 grams. ∆ was placed into custody.

Charges: Possession of cannabis/less than 20 grams

Process: The defendant initially entered the drug court program. While in the drug court program, the defendant violated by having dirty urine and was given a 30 day SAP program. Upon exiting, the defendant was charged with 2 counts of Robbery with a firearm, 2 counts of kidnapping, conspire to commit 1 ^st degree felony, wearing a mask while committing a second-degree felony. All these are punishable by life. The defendant also had an immigration hold.

Result: Possession of cannabis/less than 20 grams – nolo contendere, adjudication withheld, 3 months reporting probation, 66 days county jail with credit for 65 days time served, early termination of probation upon completion of 60 days. Upon completion of 66 days, probation in terminated. Mr. Foley was able to negotiate a deal with the state and the judge to do one more day and take a Withhold of adjudication and be done with the case.

Internal Reference #7015

Facts: The defendant was observed driving a car with tints to dark to determine race/sex and number of occupants (verbal warning issued). As Officer G approached the vehicle, he smelt a strong odor of marijuana coming from the vehicle. When Officer G looked in the driver side window, he saw a marijuana cigarette on the dashboard of the vehicle. The defendant was arrested and the marijuana cigarette retrieved.

Charges: Possession of Marijuana (Under 20 grams)

Process: Mr. Foley filed a Motion to Suppress the evidence based on a technicality. Part of the issue was related to the weight and testing of the alleged marijuana. At the Motion to Suppress, the Officer failed to bring the suspect evidence to court. The state dismissed the case.

Result: Possession of Marijuana (Under 20) – Officer failed to bring evidence. Dismissed

All Charges Dismissed

Internal Reference #8003

Facts: While working on an operation in the area due to alleged narcotics activity, officer conducted a traffic stop on the listed vehicle in which ∆ was the front passenger (failure to stop at stop sign.) The vehicle failed to stop for a posted stop sign while exiting an apartment complex. When officer made contact with ∆, officer advised him the reasons for the stop. Officer requested consent to search ∆ for narcotics, at which time ∆ advised he had a small amount of marijuana on his person and removed a cigar tube that he had concealed down the front of his pants. The cigar tube contained approximately a gram of raw cannabis.

Process: Mr. Foley filed a motion to withdraw because client did not make payments.

Charges: Possession of cannabis

Result: Possession of cannabis (893.13(6B)) – N/A

Internal Reference #8005

Facts: The defendant did commit the offense of Possession of Marijuana more than 20 grams. To Wit: After receiving a waiver of search warrant from the defendant’s girlfriend, members of the Special Enforcement Team entered the location and encountered the defendant. The defendant was standing in the kitchen and was in the process of rolling a marijuana cigarette on the counter. He was detained.

Sgt. L located two large clear plastic baggies in the kitchen which contained marijuana. (with the marijuana was $37.00) The marijuana field-tested positive via Duquinous Reagent

Officer N located a small, brown sack in the master bedroom closet which contained $600.00. (Even though the defendant denied living there, the closet where the $600 was found housed many of his clothes, etc. The rest of the apartment contained many of his things as well, including a large LCD flat screen TV, PlayStation 3/w games and dozens of DVDS

Officer N advised the defendant of his Miranda warnings from a pre-printed card, which he acknowledged and understood. Post Miranda, the defendant told Officer N that his girlfriend had nothing to do with the marijuana and all the cash was his.

The defendant was placed under arrest for possession of marijuana > 20 grams and transported to jail.

The two baggies of marijuana weighed a total of 75.4 grams (one was 58.0 and the other 17.5 grams)

Charges: Possession of Marijuana More Than 20 Grams

Result: Possession of Marijuana More Than 20 Grams – Dismissed

All Charges Dismissed

Internal Reference #9002

Facts: On 5/29 at approximately 0830 hours, Officer C responded to a location in reference to a suspicious vehicle. Upon arrival, Officer C observed a car, parked at a location. Officer C approached the vehicle on the front driver’s side and observed a white female later identified as the defendant in the front driver’s seat slumped over the steering wheel. Officer C knocked several times on the driver’s side window in order to alert the defendant of his presence at which point the defendant did not respond. Officer C knocked several more times on the driver’s side window at which point the defendant opened the driver’s side door with her left hand but she still remained slumped over the steering wheel. Officer C asked the defendant for her name and the defendant lifted her head from the steering wheel and then placed her head back down on the steering wheel. Officer C smelled a strong odor of what appeared to be an alcoholic beverage emitting from the defendants facial area. Officer C continued asking the defendant for her name and it took several attempts for the defendant to acknowledge and she stated, “I don’t have my license.” It should be noted that the defendant’s speech was very slow and slurred. Officer C also observed both of the defendant’s eyes to be very glassy and she appeared disoriented. It should be noted that the defendant had the key in her vehicles ignition and the engine was running. The defendant was in the driver’s seat in complete physical control of her vehicle. Officer C had to turn off the defendant’s vehicle and remove the key from the ignition. Officer C asked the defendant to step out of her vehicle. When the defendant stepped out of her vehicle, she was stumbling and was having trouble maintaining her balance. It should be noted that Officer C still smelled an odor of what appeared to be an alcoholic beverage emitting from the defendants person. The defendant was standing by her vehicle at which point she staggered forward toward Officer C and began walking behind him. Officer C asked the defendant to go back and stand by her vehicle. The defendant tried walking forward again and Officer C advised the defendant again to stand by her vehicle. Due to the defendant’s actions, Officer C placed her into handcuffs for her safety and for his safety. Officer C advised the defendant that she was being detained and not in custody at this time. The defendant advised that she will cooperate and stand by her vehicle, and at that point Officer C removed the defendant’s handcuffs. Officer C advised the defendant that he was conducting a DUI investigation and he asked the defendant if she would voluntarily allow him to conduct roadside sobriety exercises on her. The defendant stated, “Yes I would.” The following field sobriety exercises were conducted as followed

Walk and Turn (instructions were explained and demonstrated by Officer C prior to the defendant performing the exercise)

• The defendant could not follow instructions as Officer C explained them several times
• The defendant missed heel to toe (with each step she had gaps)
• The defendant was slightly lifting her arms in an attempt to balance herself during the exercise
• When the defendant was conducting the turn for the return of the heel to toe exercise she would lose her balance.

One Leg Stand (instructions were explained and demonstrated by Officer C prior to the defendant performing the exercise)

• The defendant did not lift her leg above the ground to an approximate height of six inches as she was instructed
• The defendant was swaying in a motion from front to back and back to front while balancing
• The defendant was slightly using her arms lifting them from her sides in an attempt to keep her balance

Finger to Nose (instructions were explained and demonstrated by Officer C prior to the defendant performing the exercise):

• When the defendant was instructed on which hand to use she would swing her arm instead of putting it directly in front of her
• The defendant failed to touch the tip of her nose with the tip of her index finger from either hand
• The defendant would perform the exercise prior to me instructing her to do so
• The defendant used the opposite hand only one time when instructed to do so

Upon completing the driving under the influence investigation, Officer C placed the defendant into custody for DUI. Officer C then transported the defendant to the BAT for further investigation. Upon arriving at the facility, the defendant was observed for a twenty(20) minutes period; at which time, she did not put anything in her mouth or drink any fluids. Upon completing the observation, the defendant was placed on video; at which time, the defendant was read her Florida Implied Consent Law. Upon reading the consent law, the defendant stated that she would be willing to submit to a breath test. The video was stopped for the test o be administered, while the test was being conducted for the breath samples; the defendant provided a breath sample of 0.103 for the first sample and 0.101 for the second sample. Upon the defendant providing the breath samples, the defendant was placed back on video. While on video, the defendant advised that she had been drinking beer. It should be noted that the defendant refused to provide a urine sample and spontaneously uttered to Officer C, “I’m going to piss dirty.” The defendant further advised that the reason why she did not want to give urine is because she had taken Vicodin for her tooth. Upon completing the necessary paper work, Officer C issued the defendant one DUI Uniform Traffic Citation for Driving Under The Influence, Officer C then transported the defendant to the main jail for further processing.

The defendant was additionally charged with Possession of Marijuana under 20 Grams upon locating it in her purse while Officer H was completing an inventory of the vehicle prior to be towed.

Officer C field tested a blunt (containing seeds) inside a clear white plastic bag approximate weight of 0.2 grams, which field tested positive for the presence of marijuana. Officer C then placed the blunt containing the marijuana into evidence.

Charges:

1. DUI (Driving Under The Influence)
2. Possession of Marijuana Under 20 Grams

Result:

1. DUI (Driving Under The Influence) – Adjudicated, 6 months probation, DUI School, 50 community service hours, 6 months drivers license suspension
2. Possession of Marijuana Under 20 Grams – Sentence was concurrent with the sentence for DUI.

Internal Reference #9003

Facts: The defendant was observed in the driver’s seat of a vehicle. Officer G observed an unknown white male enter the defendant’s vehicle in the front passenger seat. A brief transaction ensued and the unknown white male exited the vehicle and left the area. Officer G then observed a second white male enter the vehicle and after a brief transaction leave the vehicle. Officer G was parked directly behind the defendant and had a clear view of the vehicle during these transactions. Officer G approached the vehicle on the driver side form behind and observed the defendant holding a clear plastic bag in his lap, which contained suspect cannabis. Officer G knocked on the window and identified himself as a police officer and the defendant attempted to conceal the suspect cannabis between the driver seat and center console. The defendant opened the door and Officer G immediately recognized the smell of unburnt cannabis emanating from the vehicle. Officer G recovered the suspect cannabis and it field tested positive utilizing duquenois reagent. A search incident to arrest revealed a larger bag of cannabis in the glove box, which also tested positive utilizing Duquenois reagent. The small bag weights 8.2 grams with packaging and the larger bag weighs 30.2 grams with packaging. A search of the vehicle also revealed a digital scale, 43 small clear red plastic baggies , and rolling papers in the center console. Due to the large quantity of cannabis and other items found in the vehicle, it is consistent to that of street level narcotics sales.

Charges:

1. Possession of Cannabis W/ Intent To Deliver Felony – Dismissed
2. Possession of Paraphernalia – Dismissed

All Charges Dismissed