In May 2025, our client was driving on Interstate 5 when detained for traffic violations. A vehicle searched turned up a loaded firearm and 2 kilos of suspected cocaine. Our client was charged in Kern County with 4 felonies, including Transportation to Sell a Controlled Substance (Health and Safety Code § 11352(a)) with enhancements for prior prison term (Cal. Rules of Court, rule 4.421(b)(3)); Possession for Sale of a Controlled Substance (Health & Saf. Code § 11351); Possession of a Controlled Substance With Firearm (Health & Saf. Code § 11370.1(a)) with enhancements for prior prison term; and Occupant With Concealed Firearm in Vehicle (Pen. Code § 25400(a)(3)).
Our client insisted he did not consent to any vehicle search. After months of pressing for discovery and filing a motion to compel, we finally received a copy of the MVARs video that backed our client’s story: he clearly did not consent to any vehicle search. The video also showed that the alleged traffic violations justifying the stop were fabricated. The CHP officer then tried to change his story and justify the search on different grounds. We filed a motion to suppress and second motion to compel to get to the bottom of the CHP Officers changed story. We also filed a Pitchess motion.
On the eve of the preliminary hearing and hearing on the motion to suppress, the District Attorney dismissed the case, realizing that there was no case without the search and that the search was flawed.
This was a huge win for our client who avoided a likely prison term.