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Suppression of Evidence Leads to Dismissal of Drug Charges

Jay Benson represented a Scotland County man in felony charges of Attempt to Manufacture Methamphetamine and Possession of Drug Precursors With Intent to Manufacture Methamphetamine. In a September 2014 ruling, the trial court declared that a pill bottle containing pseudoephedrine discovered adjacent to the road in an area in close proximity to the traffic stop would not be admitted at trial for consideration by a Clark County jury. The trial court also declared in its ruling that a cell phone, which allegedly linked the pill bottle to the Defendant, was unlawfully seized and its contents unlawfully searched in violation of the Defendant’s 4th Amendment rights.

As a result of the court’s pre-trial ruling relating to the admissibility of evidence critical to the State’s case, the felony drug charges were dismissed in advance of the scheduled November 2014 Clark County jury trial.