Rochester, MN (KROC-AM News) - An Olmsted County judge has dismissed a first-degree drug charge that was filed against a Rochester man following a traffic stop last November.

According to the criminal complaint, the 28-year-old man was pulled over for a traffic violation after two Rochester police officers on routine patrol observed some suspicious activity. The court document says a search of the vehicle uncovered a case near the center console within his reach that held a plastic container that contained more than 30 grams of a liquid that tested positive for fentanyl.

TJ Leverentz/TSM Rochester
TJ Leverentz/TSM Rochester
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READ MORE: Traffic Stops Leads to Large Fentanyl Bust in Rochester

His defense attorney filed a motion to dismiss the charge that was argued before the court on Wednesday. The defense claimed body camera video evidence shows the case containing the fentanyl was actually on the passenger floorboard next to the passenger's other belongings. It was also argued that the officers lacked probable cause to conduct a warrantless search of the vehicle.

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It's not known if the Olmsted County Attorney's Office will appeal the decision.

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