Anyhow, back to the story at hand… So during Deputy Swilley’s search of the car he discovered a backpack, which he opened, and inside he found a “Cookie Monster doll” which he proceeded to remove from the backpack.
When Deputy Swilley picked up the doll he reportedly believed it to be heavier than expected. Closer inspection allegedly revealed “a slit cut into the blue Sesame Street doll”, and further probing resulted in the retrieval of 2 baggies with a cumulative weight of 314 grams of cocaine that were hidden inside.
The Monroe County Sheriff’s Department would take to Facebook posting the pic above with the caption “Cocaine Hidden in “Cookie Monster””.
Another Memo to the Folks: The general 4th Amendment rule is that law enforcement needs a warrant to conduct a search, but there are many exceptions to the “warrant requirement”. The best practice (for the cops) is almost always to get a warrant, and, when they don’t, then they run a risk that the fruits of their search will be both declared “poisonous” and suppressed from introduction into evidence (this is called the “exclusionary rule”). If a vehicle search is conducted and containers are found inside of the vehicle (like, for example, a backpack), again, absent an exception to the warrant requirement, the cops cannot open the container without first obtaining a warrant. So, if I were McNair’s lawyer, then this would be my first area of attack in this case. You can watch HaberPA’s VideoFAQ / YouTube Webisode on “What is the Exclusionary Rule and how can the Cops sidestep it?” by clicking on the video link below or by clicking here…
Memo to Camus Lorenzo McNair (and Drug Dealers / Courriers in general): Not that I am promoting your endeavors (to the contrary, I encourage you not to deal, traffic or move controlled substances and instead to find a legal and productive niche in society…), but, if you are Hell-bent on moving dope then make sure that you don’t get popped for something stupid, like an avoidable traffic infraction.
At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.
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