Police in Quincy, Massachusetts were surveilling a parking lot at a supermarket this past Tuesday night. They saw two men arrive in a car and make a cell phone call. No one got out of the car. The car then left and went to a nearby Burger King. The police observed someone from another car get into the one they were watching. The police then descended on the vehicle and made arrests. They charged Gilbert Torres of Boston, the driver with Heroin Distribution. Robert Cefalo, the man who got into the car was charged with Heroin Possession. Michael Evans was charged with Knowingly Being Present Where Heroin is Kept as was Christopher Bates. The case is now pending in the Quincy District Court.
As with most drug cases the district attorney will have to fight a challenge to the constitutionality of the stop of the car. Massachusetts courts have made clear that just being in a high crime area is not enough to justify a stop. Nor for that matter is walking away from police officers. Similarly, if the area where the police observed the defendants is considered a high crime area that does not permit a stop and search of the car. What then did the officers in this case have for probable cause to stop the car? According to this article nothing but a hunch. That is not sufficient to permit the intrusion and without more would require suppression.
The Law Offices of Stephen Neyman is prepared to defend any accused of committing Drug Crimes in Massachusetts. Call us at 617-263-6800 or contact us online to discuss your case. Let us start defending you right now.