A Sacramento Criminal Defense Attorney Discusses Abandonment of Contraband

Your 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.

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.

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.

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.

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.

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