My client was driving a black BMW through Kenneth City. Law enforcement alleged that he rolled through a stop sign. As they tried to stop him, they alleged that he threw a burnt roach out the window. When they approached the vehicle, they smelled the odor of marijuana. They also found a small burnt roach. My client admitted that he had just smoked marijuana and threw the roach away. He was arrested for tampering with evidence. When he was searched incident to arrest, they found a small amount of THC wax in his pocket. He then was charged with felony possession of a controlled substance-THC wax.
I immediately had my client get a medical marijuana card and provided that to the State. I also spoke to them about the legality of the stop and search and seizure. I found it very odd that not only was he stopped for running a stop sign, he was arrested for tampering with evidence for simply throwing a burnt roach on the ground outside of his window. The prosecutor agreed and dismissed the charges.
Both charges for tampering with evidence and possession of THC wax were dismissed.