Police responded to an apartment for a report of a fight. Two officers arrived and found client talking with two other individuals. There was no fight. Client was questioned by police and eventually handcuffed by officers for suspicion of carrying Marijuana (due to smell). Police officers testified that after client was handcuffed, he kicked one of the officers. At preliminary hearing, during cross-examination, officers admitted that client was handcuffed and sat down on a low-standing bench. Counsel argued that it would have been impossible for client to make any furtive, willful movements based on how he was restrained. Judge agreed and did not certify (i.e. did not find probable cause – a low standard – that client committed the felony) the case to proceed to Circuit Court.
Result: The case was dropped by the prosecutor and never brought back.