Steelers wide receiver Santonio Holmes, who collected the MVP trophy in Super Bowl XLIII, still could be punished by the NFL for violating league policy.
Prosecutors Wednesday dropped a marijuana charge against Steelers wide receiver Santonio Holmes after realizing their evidence went up in smoke.
Allegheny County Assistant District Attorney Rachel Newman told Common Pleas Judge Lester G. Nauhaus she agreed with the Super Bowl MVP's attorney that police didn't have a good enough reason to pull Holmes over Oct. 23.
"I can only say the candor of the district attorney's office in this case is refreshing," Nauhaus said.
When asked for comment by reporters, Holmes looked to his attorney before saying little.
"You can say you're happy," attorney Robert Del Greco said to Holmes.
"I'm all right," said Holmes, who wore a black suit -- but not his new Super Bowl ring -- to the county courthouse, Downtown.
Officers pulled over Holmes because police were on the lookout that day in the Hill District for a newer sport utility vehicle with out-of-state plates, which was reported to be carrying a large amount of narcotics. Lt. Kevin Kraus received the anonymous tip and gave the information to supervisors in the Hill District station, who relayed it to officers during roll call that afternoon, Newman said.
Officers saw Holmes driving a black Range Rover with Florida license plates and pulled him over at Centre Avenue and Mario Lemieux Place.
Assistant police Chief Paul Donaldson said part of the problem with the stop is that police could not identify who called in the tip about the SUV
"The courts have said anonymous tips are not enough (to stop somebody)," he said.
John Burkoff, a University of Pittsburgh law professor, said he was surprised the officers would pull over the vehicle based on its make because "officers are well-trained in this."
"If that's all they really had, that's not usually going to make it to court," Burkoff said. "It doesn't mean (Holmes) didn't do something wrong. It means the government did something wrong."
Burkoff said the officers should have followed Holmes until he committed a traffic violation to make the stop legal.
Although Holmes' vehicle was not the one they were looking for, officers smelled marijuana when they approached the vehicle. Holmes then admitted to having a small amount of marijuana and pointed out three blunts to officers, police said.
Holmes was issued a summons charging him with possession of marijuana.
Burkoff, an expert in constitutional law, said even if officers in such situations suspect they don't have a legal stop, they shouldn't let the suspect go with drugs.
"Seize him, seize the marijuana and let the lawyers handle it," Burkoff said. "It's not like he gets the marijuana back."
Donaldson called it a "minor incident" he thought would be adjudicated at the magistrate level, where defendants in such cases often plead guilty to disorderly conduct.
"I thought all along the stop was constitutionally infirm," Del Greco said. "The quality of the information was not sufficient to justify a search."
Holmes still could be punished by the NFL for violating the league's personal conduct policy. A league spokesman said the NFL will review court documents before deciding whether it will discipline Holmes.
The drug charge was not his first brush with the law. Holmes was arrested for disorderly conduct in Miami Beach, Fla., in May 2006. In June 2006, police in Ohio arrested Holmes on charges of domestic violence. Both charges were dropped, and Holmes underwent counseling offered by the NFL.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Pittsburgh Tribune-Review
Author: Bobby Kerlik
Contact: Pittsburgh Tribune-Review
Copyright: 2009 Pittsburgh Tribune-Review
Website: Marijuana Charge Against Holmes Dropped
Prosecutors Wednesday dropped a marijuana charge against Steelers wide receiver Santonio Holmes after realizing their evidence went up in smoke.
Allegheny County Assistant District Attorney Rachel Newman told Common Pleas Judge Lester G. Nauhaus she agreed with the Super Bowl MVP's attorney that police didn't have a good enough reason to pull Holmes over Oct. 23.
"I can only say the candor of the district attorney's office in this case is refreshing," Nauhaus said.
When asked for comment by reporters, Holmes looked to his attorney before saying little.
"You can say you're happy," attorney Robert Del Greco said to Holmes.
"I'm all right," said Holmes, who wore a black suit -- but not his new Super Bowl ring -- to the county courthouse, Downtown.
Officers pulled over Holmes because police were on the lookout that day in the Hill District for a newer sport utility vehicle with out-of-state plates, which was reported to be carrying a large amount of narcotics. Lt. Kevin Kraus received the anonymous tip and gave the information to supervisors in the Hill District station, who relayed it to officers during roll call that afternoon, Newman said.
Officers saw Holmes driving a black Range Rover with Florida license plates and pulled him over at Centre Avenue and Mario Lemieux Place.
Assistant police Chief Paul Donaldson said part of the problem with the stop is that police could not identify who called in the tip about the SUV
"The courts have said anonymous tips are not enough (to stop somebody)," he said.
John Burkoff, a University of Pittsburgh law professor, said he was surprised the officers would pull over the vehicle based on its make because "officers are well-trained in this."
"If that's all they really had, that's not usually going to make it to court," Burkoff said. "It doesn't mean (Holmes) didn't do something wrong. It means the government did something wrong."
Burkoff said the officers should have followed Holmes until he committed a traffic violation to make the stop legal.
Although Holmes' vehicle was not the one they were looking for, officers smelled marijuana when they approached the vehicle. Holmes then admitted to having a small amount of marijuana and pointed out three blunts to officers, police said.
Holmes was issued a summons charging him with possession of marijuana.
Burkoff, an expert in constitutional law, said even if officers in such situations suspect they don't have a legal stop, they shouldn't let the suspect go with drugs.
"Seize him, seize the marijuana and let the lawyers handle it," Burkoff said. "It's not like he gets the marijuana back."
Donaldson called it a "minor incident" he thought would be adjudicated at the magistrate level, where defendants in such cases often plead guilty to disorderly conduct.
"I thought all along the stop was constitutionally infirm," Del Greco said. "The quality of the information was not sufficient to justify a search."
Holmes still could be punished by the NFL for violating the league's personal conduct policy. A league spokesman said the NFL will review court documents before deciding whether it will discipline Holmes.
The drug charge was not his first brush with the law. Holmes was arrested for disorderly conduct in Miami Beach, Fla., in May 2006. In June 2006, police in Ohio arrested Holmes on charges of domestic violence. Both charges were dropped, and Holmes underwent counseling offered by the NFL.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Pittsburgh Tribune-Review
Author: Bobby Kerlik
Contact: Pittsburgh Tribune-Review
Copyright: 2009 Pittsburgh Tribune-Review
Website: Marijuana Charge Against Holmes Dropped
