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Over Two Kilos of Cocaine Suppressed

December 23rd, 2010 Leave a comment Go to comments

On December 13, 2010, in the criminal courthouse, 26th and California, in the case of People v. E.S., the court granted Sheppards’ Motion to Suppress Evidence – over two kilograms of cocaine – after an evidentiary hearing.   The Sheppards filed a motion challenging the warrantless search of a motor vehicle following a traffic infraction.  The judge disregarded the police assertion that the drugs were visible in plain view after a spirited examination of the arresting officer by Barry D. Sheppard.   The State’s Attorney’s Office contested the driver’s right to challenge the search of the car which been rented by a third party who testified that she gave the defendant permission to drive the rental car.   The court held that the driver did have standing to contest the search in this case.

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