In the Seventh Judicial District Court of Morrison County, Michael Allen Henry had one felony count of third degree possession and two felony counts of fifth degree possession dismissed.
County Attorney Todd Kosovich said the judge dismissed the three charges on constitutional grounds. The judge ruled that since the police officer had decided not to arrest or give Henry a ticket, he could not demand that Henry empty his pockets.
Henry was stopped by a Little Falls police officer Oct. 7, 2011, for having objects suspended from the rearview mirror and not having a license plate lamp in working order.
While speaking to Henry, the officer noted marijuana residue on the center console. Based on that, the officer conducted a search of both the vehicle and of Henry. A case was found that contained a pipe, a baggie containing a white powdery substance, a straw, 31 empty baggies, nine unidentified prescription pills, and two more empty bags containing residue.
Henry was placed under arrest for possession.