Massachusetts Criminal Defense Attorney Blog

Detectives from Ipswich, Massachusetts and Beverly, Massachusetts observed a car being driven by Brian Sotiropoulos. The police had prior dealings with Sotiropoulos and his girlfriend, Cassandar Thomas, both from Georgetown, Massachusetts. It has been reported that the two were arrested in Ipswich on another occasion for Possession With the Intent to Distribute Marijuana and Conspiracy. The officers followed Sotiropoulos to a location where they saw him engage in what appeared to be a drug transaction. Sotiropoulos was pulled over. A subsequent search of his car revealed Percocet pills and OxyContin pills. Authorities allege that Peter Dolan of Ipswich was the buyer of illicit substances during the purported transaction. He was found in possession of four Percocet pills. Also located in Sotiropoulos' vehicle was marijuana and Xanax. Both Sotiropoulos and Thomas are charged with Drug Trafficking, Conspiracy and Possession With Intent to Distribute Drugs. Dolan has been charged with Possession of Drugs. The cases are pending in the Newburyport District Court. The district attorney's office will most likely indict the trafficking cases and the prosecution will take place in the Essex County Superior Court in Salem.

Read Article:

http://www.salemnews.com/local/x1772339275/Trio-arrested-on-variety-of-narcotics-charges

Massachusetts Drug Trafficking Defense Lawyer, Newburyport, Essex County, OxyContin

The easiest case to focus on given the limited information in this article is Thomas' exposure. By all accounts she was no more than a passenger in Sotiropoulos' car. She had no role in the alleged transaction. There is no evidence that she possessed or aided or abetted in any drug distribution efforts. Being present during the commission of a crime without more does not give rise to guilt. There must be more. There must be some type of active involvement and an intent to engage in criminal activity. Thomas might prevail on a motion to dismiss. Sotiropoulos will have to take a different approach to defending his case. One thing is certain. He will be moving to suppress the stop, search and seizure of his vehicle and its contents.

Continue reading "Two From Georgetown, One From Ipswich Arrested, Charged With Drug Trafficking, Possession" »

Thomas Colbert of Brockton, Massachusetts was arrested Monday and charged with Trafficking Marijuana. It was reported that Colbert went to a shipping facility where marijuana had just been delivered. He arrived in a rented truck. Apparently authorities had been tipped off by a trucking company in Abington that suspicious packages had been delivered from a California address. Drug sniffing dogs alerted police to the possibility that the packages contained marijuana. Colbert, a local wedding photographer tried to take possession of the packages and was arrested. Police located about seven hundred pounds of marijuana in the boxes. The drugs were "professionally wrapped" to conceal the odor of the drugs. The street value of the substance is estimated at over one million dollars. Colbert's relatives pooled their money and came up with the forty thousand dollars bail money.

Read Article:

http://www.boston.com/news/local/massachusetts/articles/2010/08/18/abington_arrest_nets_1m_in_marijuana/

Plymouth County Superior Court Marijuana Trafficking Lawyer

Massachusetts General Laws Chapter 94C Section 32E is the charge Colbert must defend in this case. The law in Massachusetts states that anyone convicted of Trafficking Marijuana in Excess of one hundred pounds and less than two thousand pounds must serve a minimum mandatory three year sentence if convicted. The key to the prosecution's success in this case will be established by Colbert's actions at the time he was at the trucking facility coupled with any evidence preceding his arrival suggesting that he intended to access the substance. Renting a truck is certainly a factor that works against him absent a realistic and innocent explanation for that act. What strikes me as odd in this case is that the sender went to great lengths to ensure that the marijuana was packaged in a manner to would avoid drug detection by dogs. Apparently they used fabric softener, shrink wrap, newspapers and grease to mask the odor. How then did the dogs end up smelling the substance. If law enforcement opened the substance prior to the dogs alerting them to their finding then Search and Seizure issues are implicated and perhaps a Motion to Suppress might succeed.

Continue reading "Brockton Man Charged With Trafficking Marijuana Posts $40,000 Bail" »

In Commonwealth v. Sliech-Brodeur decided earlier this month the Massachusetts Supreme Judicial Court reversed the first degree murder conviction of a woman who killed her husband. The Court recited the following facts:

The victim and the defendant married in 1994. He was sixty. She was forty nine. They lived in West Springfield and Florida during the winter months. The couple had some marital problems centering on finances. In 2004 these problems escalated. There were discussions about divorce and it became evident that that would materialize. On July 28, 2004 the defendant called her son and told him that there was a problem. He arrived at the home and immediately called the police. The police arrived to find the defendant upset and complaining that the victim had hit her. The victim, her husband was found in the dining room dead. He had been stabbed thirty four times in the chest, neck, head and back. It was suggested to responding officers that the defendant had ingested twenty five Klonopins and that she was suicidal. The defendant's home was Searched. Officers found blood in the master bedroom, on the sheets, bed and pillows. The case was defended on a theory of lack of criminal responsibility. The Commonwealth rebutted with its own expert.

On appeal the defendant argued prejudice due to certain pre-trial discovery orders. A lower court judge ordered the defendant surrender its expert's reports, correspondence relating to the defendant, tests and evaluations and the materials supporting their results to the Commonwealth's expert. The Supreme Judicial Court concluded that these discovery orders were violative of the defendants' constitutional rights and granted a new trial. All the a court can order in these situations is that the defendant submit to a court ordered psychiatric examination, not the production of materials protected by the work product privilege, attorney-client privilege or protected by the privilege against self-incrimination.

Read Case:

Commonwealth v. Sliech-Brodeur, July 19, 2010

This case shows the importance of fighting reciprocal discovery orders. Since Commonwealth v. Durham was decided in 2006 prosecutors have pressed judges to order the defense to provide them with any conceivable piece of evidence that might be offered at trial. The Durham case was decided narrowly, 4-3. Thus, challenges to discovery orders, as done here, may create viable appellate issues and the exceptions to Durham will grow. Defense and appellate counsel did a great job in this case.

Continue reading "Supreme Judicial Court Reverses Murder Conviction After Judge Makes Unconstitutional Discovery Orders" »

Just recently police in Framingham, Massachusetts were involved in an investigation involving Rafael Lopez and a Connecticut man. They had information that Lopez was selling cocaine. Lopez had an apartment in Framingham from which police observed people enter and quickly leave. This they believed to be consistent with drug related activities. Police also engaged in controlled purchases of cocaine. This past Sunday the police executed a Search Warrant to Lopez's home. They found Rafael Lopez and Julio Lopez inside the apartment with some cocaine cutting agents and cocaine. Also located during the search was the money used during the controlled buy. Both men have been charged with a School Zone Violation, Trafficking Cocaine in Excess of 28 Grams, Conspiracy and Possession With Intent to Distribute Marijuana. The case is currently in the Framingham District Court but will ultimately be prosecuted in the Middlesex County Superior Court in Woburn.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x104356070/Framingham-men-charged-with-cocaine-trafficking

Massachusetts Drug Trafficking Defense Attorney

Many cases are successfully won by Massachusetts Drug Trafficking Lawyers by filing Motions to Suppress and challenging the legality of a search. Police need probable cause to get a search warrant. The threshold for obtaining a warrant is high. The fact that a warrant was issued by a magistrate does not ensure that the search was lawful. Usually, when lawyers win motions to suppress the drugs that were seized by the police officers are excluded from evidence at trial. For all practical purposes this ends the prosecutions' case.

Continue reading "Two Men Charged With Trafficking Cocaine In Framingham" »

The defendant was indicted by a Massachusetts Grand Jury and charged with Trafficking Cocaine over 28 Grams. He was also charged with a School Zone Violation. A Motion to Suppress was filed and argued. It was initially allowed and then denied, an unusual set of circumstances to say the least. Certificates of analysis were admitted against the defendant as proof that the substance found by the police was in fact cocaine. The defendant objected to proof made by such means complaining that his right to Confrontation under the Sixth Amendment to the United States Constitution was violated. On appeal the defendant argued that the United States Supreme Court's recent decision in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009) prohibits proof by such means, notwithstanding that that case has prospective application. The Massachusetts Appeals Court held that the admission of such evidence was not harmless beyond a reasonable doubt where the officers who testified were not qualified to render the opinion that the substance was in fact cocaine. Whereas there was not overwhelming evidence that the substance was cocaine the admission of the certificates of analysis could not be deemed harmless beyond a reasonable doubt.

Read Opinion: Commonwealth v. Rivas, 09-P-136, July 6, 2010.

Commonwealth v. Rivas

This result shows the value in hiring a good Massachusetts Criminal Defense Lawyer who has experience defending Cocaine Trafficking Cases. The trial lawyer made a timely objection to the admission of the certificates of analysis even before Melendez-Diaz was decided. This preserved the defendant's right to argue the issue on appeal. His excellent Massachusetts Criminal Appeals Lawyer was able to get him the appropriate relief.

Continue reading "Cocaine Trafficking Conviction Reversed " »

Authorities allege that Jesse Pritchard of Framingham sold Heroin to a confidential informant on two occasions, the last being this past Friday. Pritchard was arrested and charged with Trafficking Heroin and a School Zone Violation. Armed with a search warrant police located nearly twenty bags of heroin. Pritchard was concealing some heroin in his hand at the time of his arrest. The total weight of the drugs was seventeen grams. Bail was set in the amount of ten thousand dollars. The judge cited several convictions and jail sentences as reasons for the amount of bail. Pritchard will be held in the Cambridge Jail pending trial.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x2071993796/Framingham-man-arrested-for-heroin-trafficking-says-drugs-were-for-himself

Framingham Heroin Trafficking, School Zone Violation Defense Lawyer

In arguing for a lower bail the lawyer defending Pritchard stated that the majority of the drugs were for personal use, not for distribution and that any sales were for the purpose of supporting his habit. While this might be true it does not serve as a valid defense for any charge of Distributing Heroin in a School Zone. It might serve as a defense to Trafficking Heroin in that a Skilled Massachusetts Criminal Defense Attorney will argue that less than the trafficking threshold was possessed for the purpose of distribution. If successful this will get Pritchard out from under the minimum mandatory sentence of five years in state prison.

Continue reading "Framingham Man Faces Trafficking Heroin, School Zone Violation" »

Richard Hall, 61 of Marshfield, Massachusetts was arrested two days ago by Marshfield Police. It was reported that the police were notified by authorities in Illinois that Hall might be a part of a child pornography ring. This operation possibly consisted of chat room members who shared Child Porngraphy files over the internet. With this information local law enforcement obtained a search warrant. Armed with this Search Warrant they entered Hall's Forest Street home around 9:30 Monday night. They located pictures of children engaged in sexual acts. They also seized several computer hard drives. Bail was set in the Plymouth District Court at three thousand dollars. Hall faces charges of Distributing Photographic Material of Children in a Nude State, Possessing Child Pornography and Distribution of Material Depicting Children in a Sexual Act. This case will probably be prosecuted in the Plymouth County Superior Court in Brockton.

Read Article:

http://www.patriotledger.com/news/cops_and_courts/x1602636442/Marshfield-man-arrested-on-pornography-charges

Plymouth County Massachusetts Child Pornography Defense Attorney

More and more you read about people getting charged with some sort of Child Pornography Crime in Massachusetts. Law enforcement officials seem to be more dedicated to patrolling the internet to catch offenders. Most police departments now have computer crimes units. Many district attorneys offices units dedicated to the prosecution of internet crimes, particularly those involving Child Pornography. The Massachusetts Attorney Generals office has an excellent unit devoted to prosecuting these cases. Defending these crimes requires a certain degree of computer forensic knowledge. As a Massachusetts Criminal Defense Lawyer who defends many Child Pornography related allegations I recommend engaging the services of a computer forensics expert who can investigate the viability and accuracy of the charges and who can also educate the defense attorney on the strengths and weaknesses of the district attorney's case. As with any crime, these cases can be successfully defended.

Continue reading "Marshfield Massachusetts Man, 61 Charged With Possession And Distribution Of Child Pornography" »

Last Wednesday Boston Police were conducting a search when they observed a man subsequently identified as Edgar Gonzalez fleeing from a building. Police then grabbed Gonzalez. They noticed that the door to his apartment was opened. The police then learned that Gonzalez had a pending Immigration Order pending against him. As a consequence Gonzalez was arrested and a "protective sweep" of his apartment was conducted. Officers found Marijuana and some drug paraphernalia. They then obtained a Search Warrant. The search revealed over two thousand pounds of marijuana. Bail has been set at one million dollars. Gonzalez is being charged with Trafficking Marijuana in the Dorchester District Court. This case will be indicted to the Suffolk County Superior Court where it will ultimately be prosecuted.

Read Article:

Boston Massachusetts Marijuana Trafficking Defense Law Firm

Marijuana Trafficking Defense Lawyer In Massachusetts

The penalty for a conviction for Trafficking Marijuana in Massachusetts over 2,000 Pounds is a five year minimum mandatory sentence. Depending on how close to 2,000 pounds the actual weight lies Gonzalez might be able to negotiate a resolution to a lesser weight and plead guilty to a lower sentence. That however assumes he has no defenses to this case. From the article it appears that the police might have had no reason to stop him. It also might be the case that they had no legal right to search his apartment. Depending on the location of the apartment there might be security or surveillance cameras confirming or contradicting the police suggestion that the apartment door was opened. Gonzalez' Massachussetts Criminal Lawyer will no doubt investigate these issues and zealously defend him.

Continue reading "Dominican Man Arrested, Charged With Trafficking Marijuana After Cops Seize Over 2,000 Pounds In Dorchester" »

In early May of this year police in Southeastern Massachusetts seized about one half million dollars in drugs, cars and money that they attribute to a Drug Distribution ring in that part of the state. According to the Brockton Enterprise police learned that Christopher Witt of Middleboro was Selling Marijuana and other drugs from his home. Controlled purchases of drugs were made with the use of informants however the "buy money" was never recovered. Witt then provided information to authorities that Jesse Texeira was his supplier. Police ultimately raided Texeira's home and found about ten thousand dollars worth of cocaine and marijuana. Ten thousand Oxycodone pills were also seized during this investigation along with Crack Cocaine and over one hundred thousand dollars cash. Also arrested were Akili Miranda and Christiano Texeira. Miranda has been charged with Trafficking Class A and Conspiracy. Both Texeiras face the same charges as does John Washington. Witt has been charged with Possession With Intent to Distribute Class D, a School Zone Violation, Possession of a Firearm and Possession With Intent to Distribute Class C.

Read Article:

http://www.enterprisenews.com/news/cops_and_courts/x1218689651/Informants-helped-police-bust-alleged-pot-oxycodone-dealers-in-Middleboro-Bridgewater

The article provides no detail as to how Christiano Texeira, Miranda and Washington have criminal involvement in this case. Perhaps they were present during when the controlled buys occurred. Maybe they were present when the search warrants were executed. There presence alone however does not ensure a conviction. Massachusetts law makes clear that being present at the scene of a crime with nothing more does not rise to the level of criminal activity. There must be something showing an affirmative involvement in the crime for the case to survive. As to Jesse Texeira the district attorney's case will likely rest on the strength of the search warrant. A Good Massachusetts Criminal Defense Attorney will try to find ways to attack the constitutionality of the search in hopes of getting the search suppressed. No matter what the allegations there are always defenses to criminal charges.

Continue reading "Drug Trafficking, Distribution Charges Filed Against 4 Southeastern Massachusetts Men" »

According to a Middlesex County District Attorney press release Michael Harrington has been indicted by a Middlesex County Grand Jury for Larceny Over $250, Larceny of Firearms and Receiving Stolen Property. Harrington, the Westford, Massachusetts Animal Control Officer was arrested on these charges last week. He became a suspect shortly after Westford School Department Maintenance personnel believed that tools, guns and expensive equipment had been disappearing from the office. In April authorities repositioned surveillance and confirmed that Harrington had taken some equipment valued in excess of $250. Upon questioning Harrington stated that the guns, eleven of which were missing were in his office stored properly. A search of his office disclosed otherwise. On April 9, 2010 police arrested Alberto Ramos of Lowell for Carrying a Firearm. It turns out that this gun was one of the missing guns. Harrington is being held on five thousand dollars cash bail. This case will be prosecuted in the Middlesex County Superior Court in Woburn.

Read Press Release:

http://www.middlesexda.com/press-release-archive/animal-control-officer-indicted-for-larceny-of-guns-and-equipment-arraigned-in-ayer-district-court-on-gun-charges/

Massachusetts Gun Possession Lawyer

Middlesex County Larceny Defense Lawyer

Both the Larceny and Receiving Stolen Property cases are felonies in Massachusetts the way they are being charged. In an of themselves these cases are serious but the suggestion that Harrington was selling or somehow distributing the firearms gives Harrington additional problems. Often times in cases like this one plea bargaining is the best if not only way to avoid a significant amount of jail time. Understandably, the district attorney will want to know where the other ten guns are. Harrington might be able to lessen the sentence he faces by cooperating and providing law enforcement with the information to retrieve these weapons. Regardless, he needs to Hire an Experienced Massachusetts Criminal Defense Lawyer.

Continue reading "Westford Massachusetts Animal Control Officer Charged With Larceny Of Firearm, Receiving Stolen Property" »

A Lynn, Massachusetts police officer who was on Essex Street observed a car with five people traveling near him. He detected an odor of marijuana coming from the car. He followed the car and noticed that it did not have an inspection sticker. He pulled it over and questioned the driver, Toniea Coleman. Coleman was told that she was being stopped due to the odor of marijuana. All occupants were asked to get out of the car. Once they did they were searched. One of the passengers, Kerlin Aubourg had a large amount of cash in his possession. The rear passengers, Andre Sanders, Ali McMillan and Tyla Monteiro were taken from the car. Sanders was found to be in possession of marijuana. Monteiro was found in possession of marijuana. There were open containers of alcohol in the car. A loaded firearm was found in the trunk of the car. Seven grams of crack were found in the car as well. Authorities allege that Monteiro admitted that the gun belonged to him. He has been charged with Possession With Intent to Distribute Class B, School Zone Violation, Possession of Ammunition and Possession of a Firearm. Monteiro was also found in possession of additional crack cocaine. The others face the same charges. Aubourg is from Malden, the rest are from Lynn.

Read Article:

Lynn, Massachusetts Drug Possession, Distribution, School Zone, Firearm Lawyer

Search and Seizure Lawyers In Massachusetts

Since the new marijuana laws went into effect there has been a considerable amount of litigation centering on what now constitutes a lawful stop when police officers smell marijuana. Possession of one ounce or less of marijuana is no longer a crime in Massachusetts. It is a civil infraction punishable by a fine of one hundred dollars. Thus, the question now is what right do police officers have to stop a car simply because they smell marijuana. Police must have a reasonable suspicion to stop a car and question its occupants. The officers must have specific and articulable facts that the people committed a crime. Here, it is questionable as to whether or not an officer can truly smell burning marijuana in a traveling vehicle. Supporting that contention is the absence of any evidence showing that marijuana had in fact been smoked. Also in this case there were five people involved. The article does not make clear who the officer suspected of criminal activity. It is unlikely that this stop will survive constitutional scrutiny as to all defendants, particularly if all defendants Hire an Experienced Massachusetts Criminal Lawyer.

Continue reading "Five Arrested In Lynn, Gun And Drug Charges Filed" »

Quincy drug unit detectives arrested Javier Vargas two days ago after he was observed engaged in a drug deal with another Massachusetts man. The location of the deal was the Crown Colony officer park, an area that has recently seen an increase in Drug Distribution activity. According to reports in the Quincy Patriot Ledger Vargas and another were seen following one another, coming to a stop side by side and engaging in suspicious activity. As the cars separated police contacted the alleged purchaser who had just injected heroin in the parking lot. This individual provided information about Vargas and was not charged with a crime. Police then located Vargas, pulled him over and searched him and his car. They located twenty eight bags of heroin. Vargas who is from West Roxbury was charged with Distribution of Heroin, Trafficking Heroin and a School Zone Violation. The case is pending in the Quincy District Court but will likely be indicted and prosecuted in the Norfolk Superior Court in Dedham.

Read Article:

http://www.patriotledger.com/news/cops_and_courts/x1773729607/Surveillance-by-Quincy-police-nets-an-alleged-West-Roxbury-heroin-dealer

Quincy and Dedham, Massachusetts Drug Trafficking Defense Lawyer

Usually in cases like this one the person who is caught buying the drugs gets charged with possession, particularly where he or she is seen injecting the drugs. This is done for a couple of reasons. First, the user or purchaser just committed a crime. Second, if charged he will Hire a Massachusetts Criminal Lawyer which will eliminate him as a potential witness in the case. As a Massachusetts Drug Trafficking Defense Lawyer I would have my investigator contact the purchaser to see if his story matched the facts related in the police report. If not this individual might be a valuable witness either at trial of to attack the validity of the Search and Seizure of Vargas.

Continue reading "West Roxbury Man Arrested For Trafficking, Distribution Of Heroin And School Zone Violation In Quincy" »

Linda Ricciardelli is forty three years old. She is a bus driver. She has been charged with Trafficking Heroin and Trafficking Oxycontin. She is also facing Gun Charges in the Lynn District Court stemming from the same investigation. According to the Salem News an investigation started after Ricciardelli's neighbors made unspecified complaints to police. A series of controlled buys of drugs from Ricciardelli was conducted. Yesterday she was arrested after selling one hundred fifty eighty milligram Oxycontins to an undercover person. Ricciardelli's home was subsequently searched. The search revealed a substantial amount of cash, heroin and Percocets. Previous undercover buys from Ricciardelli in Lynn resulted in the seizure of Firearms. Bail has been set at five thousand dollars cash. As of now Ricciardelli has been charged with Trafficking, Possession With Intent and Possession of Controlled Substances.

Read Article:

http://www.salemnews.com/local/x1036628224/Woman-charged-in-sales-of-guns-opiates

Peabody Drug Trafficking Defense Lawyer, Heroin, Oxycontin

Massachusetts Courts have stated that information establishing that a person is guilty of a crime does not necessarily constitute probable cause to search the person's home. Similarly, probable cause to expect that drugs will be present in a home is not established by the fact that the defendant lives there. Even if the defendant drives from his home to the location of a drug transaction, and returns to his home on the transaction's conclusion, that, with nothing more does not provide probable cause to issue a search warrant. As a Massachusetts Criminal Lawyer with Experience Defending Drug Cases I would be interested in learning more about this investigation. If Ricciardelli is able to prevail on a Motion to Suppress man of the charges against her will be dismissed.

Continue reading "Peabody Bus Driver Charged With Trafficking Heroin, Oxycontin Released On Bail" »

As referenced in many of my blog posts more and more Investigatory Stops in Massachusetts are originating with 911 cell phone calls. These typically involve someone witnessing a crime and making an "anonymous" call. I use quotes in that the police can usually determine from caller identifications the source of the call. Now however the Bristol County District Attorney, Samuel Sutter is trying to implement a program that will permit people to send anonymous tips through text messages. I suppose anonymity under this new program will be more realistic. Police dispatchers can ask 911 callers for their name and they can often determine whether the caller was male, female, young, old or had some sort of accent. The same determination cannot be made by viewing a typical text message. However, the article suggests that the system Sutter's office would use receives the text messages after they have been assigned two aliases so that anonymity is protected. The police would then respond to the tipster through the alias.

Read Article:

http://www.enterprisenews.com/news/cops_and_courts/x53546646/Bristol-County-District-Attorney-Samuel-Sutter-looks-into-text-a-tip-service

Informants in Massachusetts

There are strict requirements of reliability in Massachusetts that govern the use of Informants in Massachusetts. These requirements become relaxed when the name of the informant is provided. Thus, in cases of identified 911 callers the prosecution has a reduced burden in justifying otherwise constitutional intrusions. In the absence of disclosing the identity of the informant the district attorney must show that the informant was reliable and had a basis of knowledge for the information provided. Independent police corroboration can make up for any deficiencies in these two criteria. However, as the United States Supreme Court has stated, "If the [tip] is truly anonymous, the informant has not placed his credibility at risk and can lie with impunity. The reviewing court cannot judge the credibility of the informant and the risk of fabrication becomes unacceptable". My opinion as a Massachusetts Criminal Attorney is that if this new program is created in Bristol County there may be some problems sustaining certain prosecutions. This will certainly make for some interesting criminal litigation.

Continue reading "Bristol County District Attorney Looking To Facilitate Crime Tips Through Texting" »

In Commonwealth v. Dwayne Williams, decided earlier today, the Massachusetts Appeals Court upheld the decision of a district court judge suppressing unlawfully obtained evidence. The facts in Williams are as follows:

A Boston Police Officer responded to a call stating that a man (the defendant) had been stabbed and was being treated at the Boston Medical Center. The detective went to the hospital and tried to speak with him. The defendant refused to answer any questions about the stabbing. He had blood on his clothing. The clothing was placed in a plastic bag by hospital personnel. Over the defendant's objection the officer took the clothes to the crime lab for testing. Inside one of the defendants boots the officer located some crack cocaine. The judge hearing the motion to suppress the seizure of the drugs agreed that the defendant's constitutional rights had been violated and the evidence was suppressed.

The district attorney appealed the case to the Massachusetts Appeals Court. The Court agreed with the lower court judge and found that in this case the police presumptively violated the defendant's Fourth Amendment rights by taking his clothes over his objection. The Court held that the defendant retained a possessory interest in his clothing. He never forfeited that right. There was no exception to the requirement that the police obtain a warrant prior to seizing and searching the clothes. Thus, suppression of the evidence was found proper.

Massachusetts Search and Seizure Lawyer

As a Massachusetts Criminal Attorney defending Drug Cases I handle a large number of drug cases each year. One of the best tools to combat allegations of Drug Possession or Drug Distribution is the motion to suppress. Massachusetts laws and its constitution through Article 14 provide greater protections against police intrusions than does the United States Constitution. A successful motion to suppress usually results in the district attorney not being able to prosecute the case. A dismissal of the charges will often be the end result. This is why it is critical that you choose the right lawyer to defend you against drug charges.

Continue reading "Massachusetts Appeals Court Affirms Suppression Of Illegally Obtained Evidence" »