- “I’ve never seen such a severe charge pursued over such a small amount.” – Judge Scott Patton
OAKLAND, Calif. — A felony drug case was dismissed Friday in Alameda County Superior Court after Judge Scott Patton found no probable cause to support the charges, calling the evidence “innocuous” and expressing “serious concern” over why the case was ever filed.
The accused had been arrested on Jan. 20 and charged with possession and sale of narcotics, including multiple felony counts under California Health and Safety Code section 11351. The filing documents listed charges 001, 301, 501 and 801 — all referencing separate alleged violations of HSC § 11351, which criminalizes the possession of controlled substances for the purpose of sale and carries penalties of up to four years in prison per count.
But during a Penal Code § 995 motion — a legal challenge that allows a judge to dismiss charges filed without sufficient probable cause — the defense successfully argued that the case had no foundation.
According to Deputy Public Defender Zachery Sosa, all charges were based solely on the “vague” testimony of one officer, who said he observed four interactions involving a green van and a transfer of money two days before the accused’s arrest. The only transaction the officer witnessed involved money exchanged for an unidentified object.
The officer testified he never saw the accused directly participate in any sale, nor could he confirm the accused was involved in the transaction at all. The defense underscored that the accused’s presence in the vehicle was never directly established — he may not have even been there.
“There was nothing established about the activity on January 20,” Judge Patton said, emphasizing that the officer hadn’t witnessed a sale or recovered anything from the accused. “I don’t even know that 48 hours later, we could rely on what you saw them do two days before.”
Judge Patton also noted that the physical evidence amounted to just 0.26 grams of narcotics, and only $900 in cash was found in the van. “I’ve never seen such a severe charge pursued over such a small amount,” the judge said, referencing the seriousness of HSC § 11351 felonies, which can carry up to four years in prison per count.
District Attorney Briggitte T. Lowe acknowledged the weaknesses in the case, telling the court, “I understand the concern,” admitting that the charges rested on sparse evidence.
The judge granted the 995 motion and dismissed the charges.
