A Crisp county case involving Drugs was dismissed after we refused to plea

A Crisp county case involving Drugs was dismissed after we refused to plea. The Defendant caught a ride from Florida to Atlanta to attend a concert. At some point, he took over driving so the owner of the vehicle could get some rest. They were subsequently pulled over due to the owner and front seat passenger not wearing a seat belt. The officer claimed he detected the odor of marijuana. He also believed the owner of the vehicle appeared nervous and was protecting a bag he had between his feet. When the officer went back to his car to run the tags and licenses, he claimed he saw the owner and back seat passenger moving about. When the officer returned, the bag was missing. A subsequent search of the trunk found the bag in the trunk. Contained in the bag was drugs. No one claimed the drugs so all occupants were arrested and charged. A search of the female back­seat passenger’s handbag also produced a small amount of marijuana. The Defendant held out for trial asserting that the officer never saw him moving about, and nothing in the bag connected it to him. Under Georgia’s equal access rule, the state must prove a connection. After the owner pled to the contents of the bag and the female pled to the marijuana found in her purse, the state relented and dismissed the charges against the Defendant.