Houlon Berman’s client was charged with Possession with Intent to Distribute Crack Cocaine after a search of his vehicle resulted in the discovery of 58 grams of the substance. The search occurred behind a local motel. During a site visit, Houlon Berman’s attorney Richard A. Finci noticed a surveillance camera pointed in the direction of the parking lot where the arrest occurred. A subpoena was issued for any surveillance video. The video clearly revealed that the arresting officers had mischaracterized the basis for the arrest of the client in the affidavit in support of the Statement of Charges. The matter proceeded to a hearing on a Motion to Suppress asserting that the clients 4th Amendment Constitutional rights were violated. The Motion was contested by the State’s Attorney but the Court ruled that the client’s rights had been violated and excluded the evidence (the drugs) from evidence. Without the drugs, the State had no choice but to dismiss all charges.
- On April 5, 2013