When a defendant is later shown to have had drugs in his possession, it is tempting to peek at the result when interpreting the officers' actions. But the initial contact between the police and the citizen must be based on the officer's having probable cause to believe that a crime has been committed. The officers here had no such probable cause. For the reasons stated above, the evidence of a plastic bag and its contents was unlawfully searched and seized and should therefore be excluded from evidence. The seizure was unconstitutional because it was the result of an unwarranted and unreasonable pat-down search.
Insufficient evidence supports the charges brought against the defendant.
The plastic bag and its contents were the only evidence linking him to the charged crime. Because the evidence must be suppressed as unconstitutionally seized, the Information should be dismissed as based on insufficient evidence. Therefore, defendant moves that the court suppress the evidence of the plastic bag found in his jacket and its contents, and that the court issue an order dismissing the Information.