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Testimonial by: DISMISSED AT TRIAL – Possession of Marijuana and Possession of Drug Paraphernalia

State v. Ms. H. (University Lakes Justice Court No. CR05-0550731): Ms. H. was a resident of an ASU dormitory when police responded to an anonymous tip of drug sales. When they questioned Ms. H., she consented to a search of the room. Underneath the bed they found a bag containing various items with burnt marijuana residue, and a small amount of marijuana. Our contention was that the amount of marijuana was not enough to use, and because multiple people used that room, they could not prove it belonged to Ms. H. Just before trial was to begin, we made a Motion that the actual evidence needed to be produced at trial, and the State did not have the evidence in their possession. Therefore, the State filed a motion to dismiss all charges.

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