Continuing with the previous post. What we didn't mention was that the client was also arrested and charged with Operating a Motor Vehicle While Intoxicated and With a Detectable Amount of THC in his blood.
During the motion hearing on the illegal seizure, the officer stated that he observed the client have "restricted pupils" and he was stopped in front of a known drug user’s residence. The Court found that the officer not only did not have a basis to continue with the detention of the client, the officer did not have a basis to believe the client was under the influence of drugs or that he had recently used drugs.
We have had a recent string of cases in which the state does not even bother to argue the motion, this was one of those times. The state conceded the motion and simply moved to dismiss the charges.
It was a good day.