TN was arrested earlier this summer after being observed handing a small object to another person and receiving cash in return. Officers had observed TN walk to a potato chip bag in an empty lot and retrieve an item from it. TN then handed the item to the unknown individual and received what appeared to be paper currency in return. Officers approached TN and placed him into custody.
During cross examination, the officer admitted that he did not know what the object was that was handed to the unknown person (suspected buyer). He further admitted that he could not hear the conversation between TN and the suspected buyer or see the denominations of the paper currency. It was pointed out that no other “transactions” were observed and that the alleged buyer was never detained or interviewed. Such an arrest was unconstitutional and improper. FINDING OF NO PROBABLE CAUSE – Class 3 Delivery of a Controlled Substance - DISMISSED
