Atlantic City Cocaine Charges Dismissed

On April 1, 2012 a New York man was arrested by Atlantic City Police outside the MurMur nightclub in the Borgata Casino Hotel and charged with felony cocaine possession.  Borgata security officers observed the defendant (B.B. – Case #2012-001883) engaging in CDS activity inside the nightclub.  Security officers escorted the defendant out of the nightclub and detained him until Atlantic City Police arrived.  Atlantic City Detective Rauch and Graham arrived and immediately searched the defendant’s clothing which revealed cocaine.  The defendant was arrested and charged with felony cocaine possession.

The defense filed a motion to suppress the evidence challenging the Atlantic City Police officers warrantless search of the defendant at the scene.  The defendant was not under arrest at the time and the officers lacked a sufficient legal basis to conduct a warrantless search of the defendant’s pockets.  The evidence was suppressed (thrown out) and the charges were dismissed.  The defendant avoided a felony record for a drug possession.