Bussa Law

Main Menu

Judge throws out felony drug charge against woman

On Nov. 2, a Minnesota judge dismissed a felony drug charged against a 37-year-old Osage woman. The case was heard in Becker County District Court.

According to media reports, the defendant was stopped by an officer with the U.S. Fish and Wildlife Service while visiting the Waboose Lake public access on the morning of May 26. The officer searched her bag and found a black box that allegedly contained methamphetamine and other items of drug paraphernalia. The woman reportedly claimed ownership of the items. A deputy was called, and she was taken into custody and charged with fifth-degree possession of a controlled substance.

However, on Sept. 20, the defendant's defense attorney argued that his client's vehicle and bag had been illegally searched. He further argued that her Miranda rights were violated. To back up these claims, the Fish and Wildlife officer's body cam footage was entered into evidence. The attorney motioned the court to suppress the evidence collected during the search and dismiss the case. On Nov. 2, the judge granted the motion and dismissed the charge.

If convicted, individuals arrested on drug charges can face serious consequence, including jail time, fines and a permanent criminal record. However, as this case demonstrates, not all drug arrests are legally executed. If an officer violates a defendant's rights during search and seizure or the arrest process, the evidence might be deemed inadmissible and the case dismissed. Defendants facing drug charges may help their situation by having a defense attorney carefully review the case. In some circumstances, it may be possible to fight the charges and get the case dismissed. In others, the attorney may be able to negotiate a plea deal that reduces the charges.

Source: DL-Online, "Judge dismisses drug charge against Osage woman," Nov. 21, 2018

No Comments

Leave a comment
Comment Information
  • What Should You Do If You Get Stopped By A Cop?

    You should not be hostile. Simply stop and allow the cop to do the cop’s job. If you are ticketed or arrested, immediately...

  • What Should You Say If You Get Stopped By A Cop?

    You have constitutional rights that you can invoke. This means that you do not have to say anything to cops, which is...

  • Can A Cop Search Your Person And/Or Your Stuff?

    A cop can search you and/or your car if a cop has probable cause to believe you pose a violent threat to the cop and/or that you...

  • What Is The Standard To Arrest You?

    A cop must have probable cause to arrest you for a crime. A cop can use the cop’s training and experience as well as his...

  • What Should You Do If You Get Served With A Search Warrant?

    The Fourth Amendment to the United States Constitution mandates that a cop present...

  • If Arrested, How Long Can You Be Held In Jail?

    No matter what crime you are charged with, you have 36 hours to have a bail hearing if you are in jail. This time requirement...

  • If Arrested, How Long Do You Have To Wait To Be Formally Charged?

    If you are in custody, the prosecution has 48 hours from the time of your demand to file...

  • Are All Of Your Privacy Rights Protected?

    No, the Fourth Amendment to the United States Constitution only protects your person, your home, your papers, and your...

  • What Are The Differences Between The United States And The Minnesota Constitutions?

  • After You Are Charged, What Does The Process Entail?

    Vigorously defending your rights demands a marathon, not a sprint, mentality. Every stone must be overturned.

Learn More About Your Rights Call For A Free Consultation 218-303-5497

Free Consultations

Client Reviews

More Reviews