Our client was charged with possession of oxycodone after a pill was uncovered from her pocket. Prior to the search, law enforcement was contacted by an individual who allegedly witnessed our client attempt to purchase illegal drugs with a child present. According to the arrest affidavit, the law enforcement officer sought out our client in order to conduct a well being check on the potential child. Once he located our client, the law enforcement officer demanded that she empty her pockets. Ultimately, a single oxycodone pill was discovered.
After hiring the law firm of Dunham & Ingram, Gainesville criminal defense attorney Andy Ingram argued to the Court that the law enforcement officer had no probable cause to search our client for drugs in light of his mission to conduct a well being check on a child and not investigate any potential drug possession. Therefore, Attorney Ingram argued that the results of the search should be suppressed and not used against our client.
The Court agreed with Attorney Ingram that our client's constitutional rights were violated. As such, the results of law enforcement's search were suppressed. Without the pill as evidence, the State's case was substantially weaker, which resulted in a very favorable outcome for our client.