Charge: Possession of Scheduled Drugs (Class C felony)
Maximum Penalty: 5 years prison; 2 years probation; $5,000.00 fine
Summary: Client was camping at a local campground in the western mountains of Maine. Client was partying with other campers and was provided with MDMA by another camper. Client went to place the MDMA in his/her car. Client turned around and was immediately confronted by 2 police officers who were literally standing in Client’s open door space.
Result: We raised a viable issue for suppression in that the 2 police officers had conducted an illegal seizure of the Client when they stepped into his personal space, inside the door of Client’s car. DA agreed to dismiss the felony charge and Client was placed on deferred disposition for a misdemeanor possession charge. Misdemeanor charge will be dismissed after one year as long as Client remains out of trouble during that period of time.
