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Home > Drug Crimes > STATE v. P.O.

STATE v. P.O.

Offense: Possession of a Scheduled Drug (cocaine)

Maximum Penalty: $2,000.00 fine; 364 days jail

Summary: Client was snorting cocaine inside his car at a local Maine campground.  2 police officers, suspicious of the activity in the car approached and peered in through the car windows.  While the police couldn’t specifically see my client snorting cocaine, they inferred he was ingesting cocaine from the fact that he was rubbing his nose and gums, which they stated was indicative of cocaine use.  Upon seeing this behavior, the police opened the client’s car door and asked him where the cocaine was.  The client immediately gave up the cocaine, which amounted to a few grams.

Outcome: I successfully argued to the DA that the act of opening the car door was a warrantless search, unsupported by probable cause or exigent circumstances.  The DA agreed to file the case for 1 year for a filing fee of $600.00.  The case will be automatically dismissed after the expiration of 1 year without any further action by me or my client.

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