As part of a three month investigation, police in Brewster, Massachusetts received information that certain individuals might be transporting Heroin on Cape Cod. The investigation resulted in a stop of a car being driven by a twenty four Cape Cod woman. The woman was accompanied by two men, John Hurst and Adam Larsen. After the car was stopped officers located about four hundred fifty bags of Heroin. The total weight approximated ten grams, slightly less than necessary to charge Trafficking Heroin. All three were charged with Possession With Intent to Distribute Heroin, a Class A Substance and Conspiracy to Violate the Massachusetts Drug Laws. The woman, who had her child in the car has also been charged with Child Endangerment.
Drug Defense Lawyers in Massachusetts
Two questions come to mind when reading this article. The first centers on the officer’s probable cause to stop the vehicle. What information did they have and was that information enough to justify the stop. Any time a motor vehicle is stopped it, or its occupants are searched certain constitutional principles are implicated, all centering on the Fourth Amendment and Article 14 of the Massachusetts Declaration of Rights. The answer to this question affects all of the defendants as each will no doubt file a Motion to Suppress the stop and fight the intrusion. The second question focuses on the location where the drugs were found. If they were found in someone’s physical possession it is likely that not all of the occupants controlled the drugs. If they were in a common are in the car then it would be interesting to learn what evidence the district attorney has to charge each of the accused with Possession With Intent to Distribute Heroin.
Massachusetts case law states that it is not enough that the accused is in the same car as the drugs found. It is also not enough that the defendant has knowledge that a substance is in the car. Possession implies control and power over the substance. Being a passenger in a car where drugs are present does not imply involvement in the commission of the drug offense. There must be more. The district attorney’s ability to prove this case against any of these defendants depends on where the drugs were located, what the defendants said at the time they were approached by the police, the information the police had prior to stopping the vehicle and the actions or movements of the parties during the incident. The Massachusetts Criminal Lawyers who represents these people will use this information as a starting point for establishing a defense to these charges.
Our office has been defending the accused for twenty five years. We know what the prosecution must prove to get a conviction and we will do what is necessary to defend our clients. Call us now at 617-263-6800 or email us if you are facing criminal charges.