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Man in New York faces drug possession charges

A man from out of state has been arrested in Jamestown and charged with a variety of drug-related offenses, according to local sources. New York State Police confirmed the arrest of the 33-year-old on Dec. 30 for drug possession, following what has been described as a routine traffic stop. The man is currently being held in a county jail in advance of a trial date. It is unknown whether he has retained criminal defense counsel. 

According to state troopers, the 33-year-old man was pulled over in Jamestown and approached by officers. Police on the scene said they smelled what they believed to be marijuana emanating from the vehicle, prompting them to search the car. They say they turned up two doses of what they believe is LSD, one pill suspected to be the stimulant Adderall, a cigarette believed to contain marijuana and a bag containing an unknown quantity of the same substance. 

The man, who resides in Connecticut, now faces two counts of criminal possession of a controlled substance in the seventh degree, unlawful possession of marijuana, and possession of controlled substances by ultimate users original container. He was arraigned in Ellicott Town Court. Police have not explained what prompted the original traffic stop at this time. 

This could be a critical part of any defense mounted by the accused man's attorney. It is the burden of New York prosecutors to explain and justify the original traffic stop as well as the search of the man's car, since it seems unlikely they could have secured a warrant for the search on the scene. If they are unable to prove reasonable cause for the stop and/or the search, the drug possession and other charges against the man could be reduced or dropped altogether.

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Robert D. DiDio
& Associates

8002 Kew Gardens Road
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