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Training Prosecutors: Garbage In, Garbage Out

By Brian Tannebaum, Esq.

It happens very rarely, a prosecutor reads a motion to suppress in a small drug case or misdemeanor, finds it to be well taken, and agrees to dismiss the case. And no, I'm not talking about the routine b.s. motions that are not well taken, but debatable. I'm talking about the one where the officer basically says he had a "hunch" the client was selling or possessing drugs, and conducted a search. The ones that law students look at in criminal law class and know right away that the Fourth Amendment has been excoriated.Then yesterday I realized why this rarely happens, and again, I'm talking about dead-bang obvious motions, so spare me the "most defense motions are worthless......" argument. Simple facts: some unidentified person tells the officer my client is smoking pot...continue to full post

Full post as published by Criminal Defense on August 14, 2008 (boomark / email).