Houlon Berman’s client was charged on July 2010 with possession with intent to distribute PCP, possession with intent to distribute crack cocaine and destruction of evidence as well as lesser misdemeanor counts including simple possession of those drugs and resisting arrest. Houlon Berman’s client claimed that he was stopped by police officers for no reason. The officers claimed that they stopped Houlon Berman’s client because he did not have a light on his bicycle he was riding at night. They further claimed that the Houlon Berman client consented to be searched, a claim which the client vehemently denied. Houlon Berman filed a Motion to Suppress the evidence in the cases alleging that the Houlon Berman client’s Fourth Amendment rights were violated by the illegal stop and search. After a lengthy hearing, the Court granted the Motion to Suppress and ruled that the drugs ceased would not be allowed to come into evidence in the case. This left misdemeanor charges to be tried before the Court without a jury. In the end, a plea agreement was worked out to misdemeanor charges and the defendant was sentenced to time served and happily released.
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