Possession with Intent to Deliver Class B Controlled Substance: Dismissed
Police performed automobile stop for alleged traffic infraction. Officers approached the car and detected odor of burnt marijuana coming from inside the vehicle. Police inquired of occupants, who admitted to previously smoking marijuana in the car. Driver is ordered to exit the vehicle and subsequently asked by police is he has any weapons or drugs on his possession. Driver displays a prescription pill bottle bearing driver’s name and an old prescription for Percocet pills. Police retrieve the bottle from driver and inspect its contents, which consists of other narcotic pills that do not match the prescription on the bottle. Driver, also in possession of a large amount of cash, is charged with Possession with Intent to Deliver Class B Controlled Substance.
Motion to suppress pills filed alleging that search inside clearly marked and labeled pill bottle was unlawful. Motion granted. Case proceeded to trial. Moved on morning of trial to dismiss case for lack of evidence. Motion granted and case dismissed.