Possession of a Controlled Substance with Intent to Deliver

| Jun 29, 2011 | Criminal Defense |

In Gilmore v. State, a case out of the Court of Appeals in Texarkana, there was an anonymous tip that the defendant was traveling towards the county in a white truck, and that was found not to be sufficient to create reasonable suspicion because the route was a well-travelled corridor.  In addition, “the corroborative tip merely predicted the defendant’s current course of travel rather than any future itinerary”…The travel was down a well-travelled corridor, which was the usual route between Crockett and Trinity, and the tip merely predicted the defendant’s current course of travel.

The court determined that a person’s arrest record may be considered by an officer in determining whether reasonable suspicion exists.  That is why it is imperative to get an expunction if you are eligible for an old charge that you were found not-guilty of or that was dismissed if you are eligible.