Our client is 22 years old and was charged with drug possession after police searched his car illegally. Police found 2 grams of cocaine.
Police searched his car on the basis that he was sweating profusely, fidgety and appeared nervous. Police also performed a background check which revealed that our client had a previous drug conviction.
The Court accepted that it was natural for a person to be nervous in the circumstances and that our client’s previous drug possession was not sufficient to justify a search.
The Court found that the search was illegal and the drugs were excluded from evidence.
The case was dismissed.