207-Pound Marijuana Case Dismissed After Court Rules Search Unconstitutional Following Supreme Court's Jardines Decision

INGLEWOOD, Calif., June 10, 2013 /PRNewswire/ -- A trial judge at Inglewood courthouse dismissed felony charges of Possession of Marijuana for Sale after the prosecution announced it was unable to proceed due to the suppression of evidence from an unlawful search. 

On December 28, 2011, law enforcement had been conducting surveillance at a third party shipping center when they took notice of Enrico Cottle. Officers pulled Mr. Cottle over under the pretext of a traffic violation and detected an odor of marijuana. Officers also detained Mr. Cottle and seized his apartment key and the gate opener for his complex from him.  While Mr. Cottle was still detained, officers went to Mr. Cottle's residence, walked into the complex, and approached Mr. Cottle's unit.  Officers who were standing on the porch and by the garage detected again a marijuana odor.  Using the key they had seized from Mr. Cottle, officers opened the door and observed marijuana on Mr. Cottle's living room floor.  All of these actions were performed prior to officers' obtaining a warrant. 

Defense CounselAlan Eisner argued that the search was unconstitutional under the Fourth Amendment and that the evidence had to be suppressed. The Court initially denied the motion to suppress the evidence on the basis that the odor of the marijuana outside the residence would have been sufficient to justify a search warrant.  Following the denial of the defense motion, however, defense counsel presented new case law (Florida v. Jardines (2013) 133 S. Ct. 1409) clarifying that an officer's detection of a marijuana odor from a porch or a garage without a warrant still qualifies as an unlawful search.  The Honorable Scott T. Millington in Inglewood Court heard additional argument from counsel regarding this issue and ultimately held that the search from the porch and the garage, in addition to the search of the residence itself, was unconstitutional and, therefore, the evidence must be suppressed. 

Following the court's granting of defense's motion, the prosecution announced it was unable to proceed with the case and moved for the case to be dismissed. The criminal charge was dismissed today.

Kestenbaum Eisner and Gorin

With over 50 years of combined experience, Kestenbaum Eisner & Gorin LLP represents people throughout Los Angeles and Southern California in a variety of criminal matters.

CONTACT:  Alan Eisner or Dmitry Gorin, +1-877-781-1570

SOURCE Kestenbaum, Eisner & Gorin LLP