Felony Drug Sales: Case Dismissed After Suppression Hearing Appeal

Our client was facing a series of serious felony charges after San Diego police conducted a traffic stop that led to the discovery of drugs, cash, and alleged fraudulent identification. After the trial court wrongfully denied our suppression motion, we appealed, proved the search was unlawful, and the entire case was dismissed.

The case began when our client was pulled over in a strip mall parking lot for a minor traffic violation. Officers claimed they were impounding the car because his license was expired and conducted what they called an “inventory” search. Inside the vehicle, they found $13,653 in cash bundled with rubber bands, multiple bags of heroin and methamphetamine, assorted pills, a dark liquid narcotic, three hypodermic needles, five cell phones, an HP laptop, a fake California driver’s license with another man’s information, stolen access cards, a Costco membership card, jewelry, sunglasses, and clothing.

At the suppression hearing, we exposed that the officers had turned off their body-worn cameras to secretly plan the unlawful search. The footage captured the officers huddling to discuss how to search the car without a warrant, followed by long gaps where their cameras were off. Cross-examination forced the officers to admit that they never completed a legitimate inventory, ignored our client’s offer to have his wife retrieve the vehicle, and instead ransacked the car to look for evidence. These facts established that the search was a pretext, carried out solely to investigate rather than perform a community-caretaking function. On appeal, the court agreed, suppressed all evidence, and the prosecution was forced to dismiss the case entirely.