Going to Court? Book Your Free First Appointment

Drug Possession Charge Thrown Out Due to Illegal Search

CRIMINAL CASE

The Presiding Magistrate in Downing Centre Local Court dismissed charges of ‘drug possession‘ against our 29 year old client after police searched his car illegally.

Our client was pulled over after he allegedly exceeded the speed limit and drove ‘recklessly’.

Police claimed that, when approached, he appeared ‘nervous’,’ fidgety’ and was ‘sweating profusely’.

Police then undertook a background check which showed that our client has a previous drug conviction.

His car was then searched and police found a plastic bag containing 58 grams of cannabis under the passenger seat.

The Magistrate accepted that our client’s nervousness was natural in the circumstances and that a previous drug conviction is not sufficient to justify a search.

The search was found to be illegal and the evidence of drugs was excluded.

The prosecution had no further evidence and the case was dismissed.

What Our Clients Say SEE ALL

  • ★★★★★

    The case and AVO dismissed

    I highly recommend Lawyer Lingwei Kong! Case and AVO dismissed. I originally consulted a female…

  • ★★★★★

    Extremely experienced and handle everything with great professionalism

    Lingwei Kong was extremely experienced and handle everything with great professionalism. He has been an…

  • ★★★★★

    Demonstrated a deep understanding of the law and a clear strategy for my defence

    I couldn't have asked for better legal representation than what I received from Ash today.…

  • ★★★★★

    Excellent advice from the initial consultation

    Rachel was very professional and provided me with excellent advice from the initial consultation through…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)