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A Sacramento Criminal Defense Attorney Discusses Abandonment of Contraband

What is a Dropsy Case?

JailYour Sacramento criminal defense attorney will explain that a “dropsy case” is one in which a defendant abandons a contraband article that a police officer has seen in the defendant’s possession, or has seen the defendant buy or sell. The officer’s observation of the incident and recovery of the articles is sufficient cause to make an arrest.

What Did the Officer See?

Your Sacramento criminal defense lawyer can derive a great deal of information from a hearing asking that this evidence be suppressed. The primary issue is whether or not the police had sufficient reason to stop the defendant. The officer’s personal observations will form the foundation for the prosecution’s entire case.

Was It Actually a Stop?

The prosecution, however, can argue that the officer’s approach was not intended as a stop, and that the defendant simply dropped the articles because they were no longer of any concern. This argument renders the police officer’s observations no longer relevant.

What Did the Officer Do?

Your Sacramento criminal defense attorney may contend that the officer physically laid hands upon the defendant and caused the drop, which is illegal seizure and makes the evidence grounds for a suppression hearing.

Approach or Seizure?

Although in some state courts approach constitutes seizure, the United States Supreme Court maintains that it does not. However, an experienced Sacramento criminal defense lawyer can argue that a seizure has taken place if the officer commanded the defendant to stop, laid hands on him or her, or drew or fired a sidearm.

Call a Sacramento Criminal Defense Attorney Now

Get the help you need by contacting a Sacramento criminal defense attorney, Param Pabla, at (916) 285-7900.

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“Param was excellent in my court case of failure to stop at a stop sign. The officer could not see clearly because he was too far away. The officer insisted he could and said he had video but could not produce it at the trial. The officer then asked if he could suspend the trial to go get the video but the judge said he should have had plenty of time to get the video ready beforehand. Needless to say, the judge ruled in my favor and dismissed the case which enraged the officer. Pabla Param’s defense and cross examination skills were excellent and paramount in having the case dismissed. Highly recommended.” T.C.
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