Last summer TM was involved in a minor fender bender. The police had responded to the scene of a car accident involving TM’s boyfriend and a third party. When the police searched TM’s boyfriend’s car they found a purse belonging to TM. A search of the purse revealed the narcotics Hydrocodone and Norco. TM was then arrested and charged with possession of Controlled Substance which is a Class 4 Felony. TM then hired Robert J. Callahan & Associates for representation at her preliminary hearing. The term “preliminary hearing” refers to a hearing in which a judge decides whether probable cause exists for a defendant to stand trial for a crime. This does not mean the judge decides whether the defendant is guilty, but rather whether or not the prosecution can present enough evidence to justify a belief that a crime occurred and that the defendant committed it.
During cross-examination the officer admitted that he did not do a proper investigation to determine if the narcotics found in the purse belonged to TM. There were no witnesses who saw TM place the narcotics in the purse and, additionally, finger prints other than TM’s were found on the purse. The judge ruled that the lack of proper investigation meant that the police officers did not have probable cause for arrest. FINDING OF NO PROBABLE CAUSE – CASE DISMISSED.