Drug charges dropped after court grants suppression motion
Possession of illegal drug charges were dropped against a Minersville woman because the court ruled the evidence was obtained illegally.
District Attorney Karen Byrnes Noon appeared before President Judge William E. Baldwin in Schuylkill County court and made a motion to nolle prosequi the criminal action against Lori Ann Brobst, 49, of 225 North St., do to insufficient evidence. The motion was granted to dismiss charges of possession of a small amount of marijuana and drug paraphernalia.
Noon had no choice because earlier Judge Charles M. Miller upheld a motion filed on behalf of Brobst to suppress the evidence. His ruling was because the evidence obtained was based upon an illegal search.
Miller ruled the testimony at the suppression hearing established that the arresting officer, Pottsville Patrolman Eugene M. Yourey, knew after receiving the object that it was not a weapon or contraband and as such the case law is clear that no further search of the case was permissable without a warrant.
Brobst was in a car stopped last July 21 in the 500 block of the Pottsville Boulevard and after padding down the defendant for safety purposes the officers proceed to open a case found in the car and discovered a small amount of marijuana. They placed the defendant under arrest.
Last April 14 police stopped a vehicle with Brobst seated on the passenger side of the front seat. Police noticed a gun in the glove compartment which turned out to be a plastic pellet gun
They also noticed a bulge in her right front pocket and recovered a small gold colored case and when they opened it found green vegetable matter and filed the drug charges.