Robert Smyly - Drug Charges

State of Georgia vs. M.B., Clayton County State Court

Client was speeding on I-75. Police stopped the vehicle. They claimed to smell a strong odor of marijuana in the vehicle. A search of the vehicle revealed $20,000 in cash in a ziplock bag and a small amount of marijuana. Client supposedly admitted he had smoked 45 minutes prior to the stop, a statement he strongly denied. Curiously there was no audio available for his video. The officer claimed he had red eyes, body tremors and eyelid tremors, supposedly signs of marijuana intoxication. He was arrested for a DUI drugs and possession of marijuana. Client adamantly denied possession of the drugs and denied driving while intoxicated. We appeared for trial and the State was forced to dismiss the charges due to fatal deficiencies in their evidence including a failure to produce a chemical test of the recovered marijuana.

State of Georgia vs. K.M., Clayton County State Court

Client's vehicle was stopped for a minor traffic violation. He and his girlfriend were in the vehicle. After smelling marijuana the officer searched his vehicle locating marijuana in a backpack found in the trunk. Along with the marijuana were found various barber tools including clippers and guides. My client admitted to the officer that he was a barber. Client was found not guilty after a jury trial.

State of Georgia vs. S.M., Henry County State Court

Client was seen leaving a known drug house. Narcotics agents instructed a Henry County police officer to follow my client until he committed a traffic violation and then pull him over and try to search the car. The officer followed my client for several miles until one of his tires crossed a lane demarcation line. My client testified that the officer had followed him so closely that he had to continually look in the rearview mirror which resulted in his car swerving. The Officer stopped my client's vehicle and then searched it based on an odor of marijuana. A small amount of marijuana was found in my client's car. I filed an evidentiary motion and argued that my client's rights under the 4th Amendment to the United States Constitution had been violated. The judge ruled that this was an illegal stop of my client's vehicle and the marijuana charge was dismissed.