On Saturday Lynn, Massachusetts police responded to a call complaining of noise at an apartment on Common Street. Hearing the loud music, the officers went to the door of the home. They smelled a strong odor of marijuana. They knocked on the door. Someone opened the door. Two of the individuals Nelson Joel Irizary-Alvarado and Henry Ocasio were found in another room. Both seemed nervous. Officers searched the room and found a large quantity of heroin, about ninety four grams total. The officers searched under the bed and found a gun. Both of the defendants are being charged with Trafficking Over 28 Grams of Heroin, a School Zone Violation, Carrying a Firearm and Possession of Ammunition. This case will be prosecuted in the Essex County Superior Court in Salem.
Since the passing of the New Marijuana Laws in Massachusetts the issue of Illegal Search and Seizure is constantly being litigated. Possession and use of small quantities is no longer considered a criminal act in Massachusetts. A fine may be imposed. Thus, the contention is that the odor of marijuana is not suggestive of criminal activity. Why then in this case did the Lynn Police enter the home. There was no reason to do so. There was certainly no reason to search the property once they did in fact enter. It is highly unlikely that Alvarado or Ocasio consented to the entry and search. Remember, if the search is found to be unconstitutional then the evidence seized will be suppressed. That will effectively end the prosecution.
We receive countless calls each day from people who have been charged with criminal activity and in need of a lawyer. We take all calls and respond to email inquiries. Call us at 617-263-6800 or contact us online if you have been arrested. You need to make sure that your rights are protected.