Weymouth, Massachusetts police received a tip that cocaine was being delivered to a particular area on a regular basis. Accordingly they watched the location. A drug unit detective observed a suspected drug dealer’s car with two occupants pull up to the address around 8:00 this past Saturday evening. A woman who lived at the address got into the car. The car drove around the block and returned to the original location. Police then stopped the car and made inquiry. The woman, Cherie Kelley confessed to having purchased cocaine from the men. Police then searched the car and found over fifty grams of cocaine and over one thousand dollars cash in the vehicle. The other occupants, Juan Castillo, of Randolph, and Jose Caballero, of Boston were arrested and charged with trafficking cocaine and conspiracy to violate the controlled substances laws. Their cases are now pending in the Quincy District Court.
Assuming this case was accurately reported there are several defenses that come to mind. The district attorney must show that the police officers had probable cause to stop the car. Picking someone up at her house and driving around the block by itself does not establish probable cause. There has to be much more for this stop to survive a constitutional challenge. If the stop is ruled illegal then the drugs cannot be used as evidence. It is also going to be difficult for the prosecutor to show which one of the two men was in fact responsible for the trafficking. If the drugs were not found in their possession and no physical evidence links them to the drugs there will not be enough evidence to convict them of trafficking.
Attorney Stephen Neyman has defended hundreds of drug cases in Massachusetts and throughout the country for over twenty years. We have successfully had cases dismissed through motions to suppress and motions to dismiss. We can be reached at 617-263-6800 or you can contact us online to discuss your drug case. No case is hopeless.