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Home / Courts / Criminal Practice – Search & Seizure — Cocaine Possession – Abandoned Property (access required)

Criminal Practice – Search & Seizure — Cocaine Possession – Abandoned Property (access required)

State v. Joe It is the law of this case that the arresting officer lacked probable cause to arrest defendant. Officers discovered a bag of cocaine near where defendant was found, and they seized it only after defendant was unlawfully arrested and handcuffed. Because defendant’s abandonment of the contraband was the product of his illegal arrest, it cannot be said to have been voluntarily abandoned. Accordingly, the cocaine was obtained as the result of unlawful police conduct, and the trial court properly suppressed it.

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