Jaywalking man with gun, 30 bags of weed freed on technicality

What started as a simple jaywalking arrest almost turned a big-time criminal case.

Police found a gun and more than 30 bags of marijuana  on the suspect, but Dwight Robinson won't be facing charges.

"My client crossed the street," said attorney Andrew Densemo. "He walked across the street."

But according to Detroit police, the 56-year-old was jaywalking and when he was arrested on Detroit's west side, they found 30 bags of weed and a gun. Because Robinson has a felony on his record, he can't have a gun. 

And according to the federal indictment, he was charged with drug trafficking which could have landed him in prison for life.

But it all goes back to the jaywalking charge. 

"The ordinance says in order to be guilty of the violation, you have to impede vehicular traffic," Densemo said. "My client crossed the street  in a matter of two seconds."

And he's right. The ticket said Robinson violated section 55-12-3. And when you look at that section it says that the pedestrian must step into the path of a motor vehicle constituting a hazard.

That didn't happen and therefore, the ticket was thrown out.

FOX 2: "Your client had 30 bags of Marijuana and a gun on him, what happened to that?"

"There was a Constitutional violation, which superseded the criminal violation," Densemo said.

Translation, Dwight Robinson wasn't technically jaywalking, The cops shouldn't have searched him, and the drugs and gun, shouldn't have been found.

Police also said that the neighborhood was known for drug activity and that Robinson might have been a little suspicious. But the judge said that reason isn't going to cut it.

This innocent, but allegedly gun packing, dope peddling, felony jaywalker, is a free man.

FOX 2: "Some would say your client got off on a technicality."

"No my client got off because the Constitution says that the laws have to be respected," Densemo said. "And the lesson you learn is that the rights of citizens can still be protected by the best legal system in the world."