My client goes to a man’s residence to look at a car that the man has for sale. Client briefly looks at the car and prepares to leave. He gets in his own car. He starts the car. Two cops in an unmarked police car rush up with red and blue lights on. Cops take the client out of the car with guns drawn in what is called a felony stop. "I was just looking at a car for sale", client says. Cops make the determination that client is DUI. Cops take the client to the police station and give him a breath test. The result is .04. Oops cops screwed up. Cops find another law to charge client with, "not a drop of alcohol DUI" (alcohol restricted driver).
We get the police report and it says "Mr. Client came out of a residence of a parolee, and this is a pattern of drug activity." That was it. WHAT?!!!
You go look at a car that is for sale and don’t know anything about the man who is selling it. You are next being arrested because in the cop’s opinion, this was a pattern of drug activity. You have to be kidding me.
Needless to say, we filed a motion to suppress in the Salt Lake City Justice Court. Cops do not show up for the evidence hearing. I figure that the cops do not want to answer questions about why they did what they did. The judge dismisses the case. The prosecution refiles the case. We file the same motions and are ready for battle. Today, we go into Court for the evidence hearing. Prosecution dismisses the case and no police are there to be questioned.
This was a case about being arrested for whom you associate with. Looking at a car in these officer’s mind is a pattern of drug activity. My poor guy to deal with all the stress of the government accusing him. Finally, he has relief. But still, he had to hire a lawyer, take time off for court, show up to hearings and face the reality that even innocent people can be convicted.