While conducting surveillance on an unrelated investigation the police observed a suspicious vehicle in a theater parking lot. When the police approached the vehicle they detected the scent of burned and fresh marijuana. Consequently, the police arrested MEA for possession of marijuana and conducted a search of the vehicle. That search yielded 5.1 grams of marijuana. MEA waived his right to a lawyer and thereafter provided the police with a statement claiming ownership of the marijuana. Not surprisingly . . . the police charged MEA with possession of marijuana.
Patrick Fagan rejected an offer of resolution by way of a small fine, entered a plea of not guilty and scheduled a trial. Patrick Fagan challenged the case for the prosecution on constitutional grounds. Bottom Line: On the date scheduled for trial the charge was completely withdrawn.