Successful Reclassification of Drug Charges: Exclusion of Illegally Obtained Evidence and Dismissal of Intent to Distribute

The prosecution’s case was based on two types of narcotic substances allegedly discovered during the search of the client’s vehicle, as well as electronic scales on which traces of narcotic substances were found. During the trial, the defense demonstrated that the vehicle search had been conducted in violation of the applicable legal requirements. In particular, the integrity and isolation of the vehicle’s doors had not been properly secured during the search, a procedural irregularity that had been duly recorded by defense counsel in the search report. As a result, the defense successfully obtained a court ruling recognizing the vehicle search report as evidence of limited admissibility. Consequently, one of the narcotic substances allegedly seized during the search, together with the forensic expert reports based on its examination, was excluded from the body of evidence. Furthermore, the defense established that, with respect to the prosecution’s allegations concerning bank transfers, the pre-trial investigation authorities had failed to carry out the necessary investigative and verification measures. Following the trial, the court amended the charges and found the client guilty not of possession of narcotic drugs with intent to distribute, but solely of unlawful possession of narcotic drugs in an especially large quantity.