Atlanta News 5:00 p.m. Monday, November 2, 2009

Charges dropped after police testimony found "less than candid"

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The Atlanta Journal-Constitution

Federal prosecutors have dropped charges against a felon accused of illegal gun possession after a U.S. magistrate found testimony by Atlanta Police narcotics officers to be "less than candid."

Kelvin Bryant, who had an armed robbery conviction in 1991, was arrested by members of the Atlanta Police "Red Dog" unit on Oct. 16, 2008, for being a felon in possession of a firearm.

Police officers testified that they pulled Bryant over after driving by him and smelling marijuana coming from his white Pontiac.  After the stop, police found a loaded .45-caliber pistol on the floorboard of Bryant's car.

After hearing the officers' testimony at a pre-trial hearing, U.S. Magistrate Linda Walker said she could not conclude the officers had actually smelled marijuana coming from the Pontiac and found police had no legal reason to stop Bryant in the first place.

The U.S. Attorney's Office recently dismissed its case after Walker suppressed the evidence against Bryant.

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