Tampa Criminal Defense Attorney Reports - Cocaine Possession Charges Tossed

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Tampa Criminal Defense Attorney Reports - Officers who saw defendant and another man at a table did not have probable cause to arrest for possession of packet of cocaine sitting on the table within twelve to eighteen inches of the defendant. Court ruled there was no evidence that baggie was defendant's or that the defendant exercised dominion and control over the baggie, or that defendant knew of baggie's contents before his arrest. Beyond that the search incident to defendant's arrest was unlawful. Motion to suppress granted.

Source: 34 Fla. L. Weekly D1643a
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