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State v. Mr. C (DMC No. 7529)

Mr. C was a passenger in a vehicle that was pulled over for making a minor traffic violation. The Officer then asked the driver and the passenger if there were any drugs in the car. Both denied that there were. The Officer then asked them if they would consent to the search of themselves and the vehicle. Both said that they would consent.

Although no drugs were found on Mr. C , there was some methamphetamine and a glass pipe found underneath the passenger seat. Mr. C was then arrested and charged with Felony Possession of Dangerous Drugs (Meth) under Arizona Revised Statute ARS 13-3407. He was also charged with Felony Possession of Drug Paraphernalia (the pipe) under Arizona Revised Statute ARS 13-3415.

After our drug crime law firm was hired, the driver of the vehicle admitted that all of the drugs and the pipes were his. During the Preliminary Hearing, the driver invoked the 5th and would not testify on Mr. C’s behalf.  Later, at Jury Trial, the same thing occurred. Mr. C. testified that the driver was the one that actually possessed the drugs and hid them behind his seat. The Jury found that Mr. C. was truthful and, combined with the fact that the driver invoked the 5th, they came back with a verdict of Not Guilty on all charges as to Mr. C.

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DM Cantor

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