Client was arrested and charged with felony possession of a controlled substance for sale under Health & Safety Code § 11351 and transportation for sale under Health & Safety Code § 11352. Because of the quantity of drugs and a prior drug sales conviction, she faced multiple years in state prison. After filing a Penal Code § 1538.5 suppression motion and exposing major Fourth Amendment violations by the DEA task force, we secured a complete dismissal of the case.
The client and her husband were leaving a restaurant when they were stopped as part of a DEA‑led drug task force operation. Officers had been surveilling the couple and believed a drug deal had just occurred. After removing the couple from their vehicle, officers searched the car without consent, citing the husband’s probation status.
The search continued for nearly two hours while the couple stood on the roadside. Officers tore the vehicle apart but found no drugs or weapons. The client was never asked for consent to search her person, but officers conducted a pat‑down anyway. No contraband was found. Convinced that a drug transaction had taken place, the officers arrested both the client and her husband.
Once back at the jail, the client was forced to undergo a strip search, and drugs were discovered hidden in her pants.
We immediately focused on suppressing the evidence. A Penal Code § 1538.5 suppression motion was filed, arguing that the task force violated the client’s Fourth Amendment right to be free from unlawful searches and seizures.
During cross‑examination, we exposed significant inconsistencies in the officers’ testimony. They could not agree on how long the stop lasted, and our dispatch records proved an indisputable timeline that contradicted their account. We argued that the stop was unlawfully prolonged and that the arrest and subsequent search were invalid.
The judge granted the suppression motion, agreeing that the evidence was obtained in violation of the Fourth Amendment. We also ensured the court made a clear factual record, preventing the District Attorney from re‑filing the case.
Two weeks later, the District Attorney dismissed all charges.
This case shows how strategic suppression litigation can protect clients from severe felony drug charges and hold law enforcement accountable for unconstitutional searches.
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