![Justin Baker. Photo courtesy of GC Sheriff's office](https://dehayf5mhw1h7.cloudfront.net/wp-content/uploads/sites/1074/2018/11/23103803/Justin-Baker-216x300.jpg)
Charges were dismissed against a Grand Junction man who was accused of possessing drugs in an April incident.
According to court documents, 31-year-old Justin Baker had his two Class D Felonies for third or subsequent offense for possession of a controlled substance charges dismissed.
The charges stem from an incident on April 12th. A search warrant was executed at the home of Kole Higgins in Scranton. While authorities recovered suspected drug-related items, they also saw Baker at the residence. The initial report showed Baker was seen leaving the residence and law enforcement stopped him, did a pat-down and found suspected drugs, and then arrested him. The defense argued that the search warrant didn’t grant authority to search Baker because he wasn’t the targeted individual named in the warrant. The state argued the search was justified for protection of law enforcement and when Baker tried to leave, his act of leaving caused reasonable suspicion.
Court documents show that District Court Judge Joseph McCarville sided with the defense and granted the evidence suppression motion. Greene County Attorney Nic Martino then filed a motion to dismiss the charges against Baker, which was also granted by Judge McCarville.