State v. Carpena

Defendants were arrested and charged with possession of a controlled substance (marijuana) with intent to distribute for value. On motion of defendants, the charges were dismissed and the State appeals. Affirmed.

A police officer patrolling a neighborhood in which a rash of burglaries had recently occurred observed at 3:00 a.m. a slowly moving automobile with Arizona plates. Defendants and another man were in the vehicle. The officer did not observe any criminal or traffic offense, and no report of a burglary had been reported to the police that night. The police officer followed the car for…