6 results for 'cat:"Drug Offender" AND cat:"Resisting Arrest"'.
J. Wozniak finds the trial court improperly granted the defendant’s motion to suppress his items found and seized during a traffic stop. He alleges there was no probable cause for the stop after being charged with possession of a firearm by a convicted felon, possession of cocaine and resisting an officer without violence. The officer pulled defendant over for excessive dark window tint, which is a noncriminal violation; he smelled marijuana upon approaching the vehicle, so there was probable cause to search the vehicle and seize the items found. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: April 19, 2024, Case #: 6D23-2396, Categories: drug Offender, Search, resisting Arrest
J. Witt finds the lower court properly convicted defendant of driving on a cancelled, suspended or revoked license second offense, evading arrest in a motor vehicle and possession of unlawful drug paraphernalia. Defendant failed to stop when a police officer attempted a traffic stop after discovering defendant, the registered owner of the vehicle, had a suspended driver license. The officer followed defendant for approximately eight minutes before defendant stopped his vehicle and a subsequent search of the vehicle uncovered drug paraphernalia. Evidence is sufficient to support defendant’s convictions and sentence of two years, suspended to 30 days of supervised probation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: February 26, 2024, Case #: M2023-00778-CCA-R3-CD, Categories: drug Offender, Evidence, resisting Arrest
J. Harris finds the trial court erred in only dismissing some of the charges remaining against defendant after a jury found him not guilty of possessing a firearm as a felon, which he was charged with after running from police officers investigating an area where shots had been heard. The trial court properly dismissed two other firearms charges against defendant, but it should have also dismissed charges of cocaine possession and resisting an officer without violence because of their close relation to all of the other charges stemming from the same acts. The case is remanded for the trial court to dismiss defendant's remaining charges. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: February 23, 2024, Case #: 23-0221, Categories: drug Offender, Firearms, resisting Arrest
J. Mortensen finds that evidence that defendant ignored a police officer who was obviously signaling for him to stop, and that he tried to break through a parking lot fence, supported his failure to stop conviction. Evidence of methamphetamine in baggies he threw from his car and the presence of his identification in a bag containing other meth contraband supported his drug conviction. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: November 2, 2023, Case #: 20210865-CA, Categories: drug Offender, resisting Arrest
J. Tabor finds that defendant was properly convicted of possession of methamphetamine. That a police officer detected the odor of marijuana near defendant in a Motel 6 parking lot did not necessarily constitute good cause to search defendant, but defendant committed a new crime by resisting arrest upon backing away and refusing to put his arms down. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: June 21, 2023, Case #: 22-0748, Categories: drug Offender, Search, resisting Arrest
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