Our client was a passenger in a car that was stopped for a traffic violation. The police officer indicated that he smelled marijuana in the car and told the occupants that if it was a small amount of marijuana and they turned it over to the officer he would not pursue any charges. Our client produced a small amount of marijuana which led to the search of her purse in which other narcotics were discovered. She was charged with both a misdemeanor for the marijuana and a felony for the other narcotics. This client had no previous convictions, but the District Attorney’s office refused to resolve the case by allowing our client to plead to a misdemeanor.
We filed a Motion to Suppress arguing that the officer had given a grant of immunity to the driver and passenger. The State opposed this Motion arguing that the grant of immunity was only offered to the driver and that it did not cover any contents of our client’s purse. The trial court agreed with our position and suppressed all of the evidence. The government initially filed a Notice of Appeal, but eventually decided to dismiss all charges.