Today I had a motion to suppress on a possession of marijuana case. This is a pretrial hearing to determine whether evidence (in this case the drugs) was seized legally. My client was pulled over, asked for ID, arrested on a warrant for traffic tickets, and his car was searched and the police found marijuana inside the instrument panel of the car. In a case like this, the State has the burden to prove that the officers havd reasonable suspicion to stop the vehicle, that the arrest warrants were valid, and that the search that followed the arrest was valid and reasonable.
The officer testified that he was dispatched to the scene in response to a 911 call from a citizen who identified himself as "The Easter Bunny" stating that my client was dealing drugs out of a green cadillac with a tan leather top. Police found the green car and pulled him over.
Officer, did you speak with the Easter Bunny yourself?
--No ma'am.
And do you know the Easter Bunny personally?
--No ma'am.
And do you have any other evidence to support a belief that the Easter Bunny is a trustworthy person?
--No ma'am.
Have you ever even met the Easter Bunny?
--Well, when I was seven, in the mall...
And on that date, did the Easter Bunny prove to be worthy of your trust?
--No, ma'am. (sounding slightly disappointed) I don't even know if that was him.
The judge granted my motion, suppressed the drugs, and the case was dismissed because The Easter Bunny can not legally be a trustworthy informant in a criminal case in Dallas County.
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