Drug Charges Dropped After Motion to Suppress

Case

State v. M.D.; Case No: 312018CF001600 (Indian River County)

Category

Drug and Narcotics Charges

Arresting Agency

Indian River County Sheriffs Office

Result

Charges Dropped

An Indian River County Sheriff's deputy approached our client while he was standing in his driveway at 2:00 am. Instead of approaching our client in a calm and polite manner, the deputy instead spotlighted M.D. and ordered him to "come here!" What the deputy didn't realize or just decided to ignore is that this constituted illegal detention. Under the fourth amendment to the United States Constitution, there must be reasonable suspicion that our client was committing any crime. What this all means is that the subsequent search of our client's pocket revealing cocaine was also illegal. We filed a Motion to Suppress after thoroughly researching the precise issues involved and one week later the State Attorney's Office in Vero Beach filed a NO INFORMATION effectively dismissing the case involving drug charges.