This past Wednesday night police officers in Weymouth, Massachusetts observed someone they knew to be a drug user drive out of a parking lot. They followed the car, saw it stop and then saw someone get in the back seat. The unnamed drug user drove around the block and the other person got out of the car. Police stopped the driver who informed them that he had just purchased Oxycontin pills from the man he had just dropped off. The suspect, William Shores was stopped and found with additional Oxycontin pills. He was charged with Distribution of Oxycontins, Possession With the Intent to Distribute Oxycontins and Conspiracy. The case is pending in the Quincy District Court.
As to Shores the defense of this case will focus on the legality of the stop of the drug user. Massachusetts Courts have held that police may stop motor vehicles to conduct a threshold inquiry if they have “a reasonable suspicion that the occupants have committed, are committing, or are about to commit a crime.” This suspicion must be based on specific, articulable facts and cannot be based on a hunch. The Supreme Judicial Court held that two young men in a motor vehicle at 4:00 in the morning coupled with the fact that one of the occupants tried to shield his face from the officers did not justify a stop. The facts of this case as more benign and suggest that the Weymouth police had no reason to stop the drug user. From that they could not then use that information to stop and search Shores.
The Law Offices of Stephen Neyman has been defending Drug Crimes in Massachusetts for over twenty years. Call us at 617-263-6800 to discuss your drug case or contact us online. We will fight against any injustice or violation of your constitutional rights.