Possession of Controlled Substance with Intent to Deliver (Heroin) Class 4 Felony
DS was arrested in his cousin’s house last October during the execution of a Search Warrant. Police had received information from a confidential informant that DS’ cousin was selling narcotics. The informant told the police that he had purchased narcotics in the house, and while inside had personally observed an additional quantity of drugs being stored there. Police obtained a Search Warrant based on that information.
When police entered the house, DS was in his underwear. He asked the officers if he could put his pants on. The Officers located a pair of pants in a bedroom closet and searched them. 12 plastic bags of suspect heroin were recovered in the pockets. Officers claimed that DS had told them the pants were his. He was arrested and charged with Possession with Intent based on this alleged statement.
During cross-examination the officer admitted he didn’t know how long the pants were in the closet. He further admitted that he never witnessed DS handling the pants, and that no narcotics were recovered from DS’ person. FINDING OF NO PROBABLE CAUSE – CASE DISMISSED