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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-seven 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 an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses, dui, and appeals.

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