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Full custodial arrest for violating municipal ordinance prohibited. Motion to Suppress Evidence Granted

Posted by John P. Rutkowski | Jan 03, 2020 | 0 Comments

Criminal law -- Open container -- Possession of cocaine and paraphernalia -- Search and seizure. Non-criminal violation of municipal ordinance . Full custodial arrest for violating municipal ordinance prohibiting consumption of alcoholic beverages or possession of open container on public right-of-way was unlawful.  Contraband found in search incident to arrest is suppressed.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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