FM was pulled over for a petty traffic offense. During the stop, the officer ordered FM out of the vehicle after spotting a bulge in his right pocket. The officer then searched his pockets and discovered several grams of heroin. As a result, FM was arrested and charged with possession of a controlled substance.
During the preliminary hearing, the officer testified that the bulge in FM’s pocket was the shape of a “golf ball.” Based on legal precedent, the officer would have probable cause to search FM if he believed that the bulge was a weapon. However, after the officer’s testimony, we argued to the judge that an officer could not have reasonable believed that a golf ball shaped bulge was a weapon. Thus, the officer was lacking probable cause to search FM. The judge agreed with our reasoning and entered a finding of no probable cause at a preliminary hearing.
Result – Case Dismissed!