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State v. Ms. S (DMC No. 10730)

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State v. Ms. S (DMC No. 10730)

DISMISSED | POSSESSION of MARIJUANA/POSSESSION of DRUG PARAPHERNALIA DISMISSED – State v. Ms. S. (DMC No. 10730) (Payson Justice Court 12-0200151): Ms. S. was travelling in a car with her boyfriend and his friend on State Route 87 at Mile Post 239 in Payson, Arizona when they were pulled over for allegedly speeding.  The officer claimed he could smell marijuana, and when he asked, Ms. S.’s boyfriend produced some marijuana.  He ended up arresting all three and charging all three with Possession of Marijuana (along with a DUI for the driver).  Ms. S. asked to call our office, and we told her not to answer any questions or submit to any tests.  The officer then obtained a search warrant in order to get Ms. S.’s urine.  Due to the fact that Ms. S. was not the driver, the search warrant should not have been issued by the judge.  The Prosecutor agreed, and dismissed all charges against Ms. S. only.

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