A Motion to Dismiss is a written document that is sworn to by the defendant that recites the facts of the case as alleged by the police (assuming those facts are true) and shows that although the facts of the case are not in dispute, those facts do not prove a "prima facie" case of guilt.
The police are trained to gather additional evidence in certain situations if the evidence is insufficient. The police will try and get one or both of the parties to make a statement admitting that they knew the drugs were in the car.
The police do this in many ways:
- First, the police may threaten to arrest the other occupant of the vehicle unless someone gives a confession.
- Secondly, the police may promise to go easier on everyone if someone admits knowledge or ownership of the drugs.
- Third, the police may accuse the driver of more serious offenses such as selling drugs, to get the driver to say, "No, that is for personal use. I'm not a drug dealer." Once the driver is tricked into talking about the case, the driver has just admitted knowledge and ownership of the drugs.