Drug charges filed about a year ago against a Bradenton Beach man recently were tossed out of court.
With the State Attorney Office in agreement, 12th Circuit Judge Deno Economou May 2 dismissed a four-count complaint against Timothy Merritt, 26, of Bradenton Beach.
Charges of intent to deliver cocaine and possession cannabis, paraphernalia and controlled substance were filed by the prosecutor in May 2016 after Merritt’s arrest two months earlier.
Holmes Beach Police Officer Mike Walker arrested Merritt March 1, 2016, at 11:03 p.m., after the officer reported he’d been in an altercation with two or three “white males” in the 2900 block of Gulf Drive.
Manatee County Sheriff’s deputy Patrick Manning assisted Walker and found a “white male” walking at 30th Street and Gulf Drive, according to Merritt’s motion to suppress evidence by defense attorney Brett McIntosh.
At gunpoint, the deputy ordered Merritt to place his hands on the police squad, the motion stated.
The vague description of “white males” in the predominantly white neighborhood, where Merritt was stopped and searched, led the defense down the path of dismissal.
Merritt’s attorney argued there was no “reasonable suspicion” to make the stop and search under the Fourth Amendment.
“My guy happened to be in the wrong place at the wrong time,” McIntosh said, adding that even though police found drugs, because the officer arrested him illegally, the law excludes the evidence.
“It was a strong motion. The state to their credit, after reviewing it, conceded to it,” McIntosh added.