A client represented by Berry Law has had drug crimes charges filed against him dropped after a successful suppression of evidence. He may still be tried on charges of resisting arrest.
The client, Mr. Sales, was riding his bicycle down the sidewalk in Lincoln when he was stopped by a police officer. The officer explained that it was a violation of Lincoln city ordinances to ride a bicycle on the sidewalk. This is untrue, and it would later be found that the officer misunderstood the law.
During the discussion, the officer claimed he noticed suspicious contraband in Sales’ pocket. When he asked Sales about the item, Sales allegedly attempted to leave. The officer quickly tackled him to the sidewalk and made an arrest. While Sales was in handcuffs, the officer searched his person and found methamphetamine, as well as currency that was alleged to have been linked to drug sales.
Since it is not a crime to ride a bicycle on the sidewalks of Lincoln, Nebraska, Attorney Chad Wythers of Berry Law moved for the suppression of all evidence against Sales. A police officer only has probable cause to make a forced stop when the officer has witnessed a crime or has good reason to believe a crime just occurred. In Sales’ case, no crime ever occurred to give the officer that probable cause.
The judge sided with Attorney Wythers’ argument, citing well-established probable cause laws. As such, the evidence will be suppressed in full and the drug crimes charges cannot be brought to trial, as knowledge of the illicit substances should have never been gained. It is not known at this time if the state will still pursue the charges for resisting arrest.
For a full article regarding this ongoing story, you can click here to visit the Journal Star’s website. To talk to a Nebraska criminal defense attorney about a case of your won, you can dial 402.260.5767 or use an online contact form to request a free case evaluation with Berry Law.
