Preliminary Hearing Dismissal of Drug Charges
In Mid-November Andrew A. Protogyrou represented a young man charged in Norfolk on possession of cocaine, possession of cocaine with intent to distribute and obstruction of justice.
Police Vice and Narcotics were working an interdiction in a neighborhood by visual surveillance. A motor vehicle driven by defendant stopped in front of a home and an individual exited, approached and spoke to the vehicle’s passenger.
The vehicle was later stopped by Norfolk Police and the driver was removed from the car. The passenger remained in his seat. Upon arrest (defendant was pepper sprayed and cuffed) and without Miranda warnings being given, Norfolk Police interrogated was being arrested.
At the conclusion of the Commonwealth’s case, Mr. Protogyrou moved to strike their case because the passenger remained within the vehicle and there was no provable ownership interest in the vehicle. The matter was dismissed.