Just hours ago the Wareham Week reported that Jonathan Rose, a twenty year old Bourne, Massachusetts resident was arrested and charged with Trafficking Heroin and Conspiracy. According to the report, shortly after ten o’clock at night officers patrolling Route 195 saw the car being operated by Rose committing numerous Massachusetts Motor Vehicle Violations. Officers said that the car was going ninety in a sixty five, following another vehicle too closely and Operating Recklessly. In the passenger seat was Keith Boucher, a thirty six year old Wareham, Massachusetts resident. Boucher was also charged with Trafficking Heroin and Conspiracy. The case is pending in the Wareham District Court. It will be indicted and ultimately prosecuted in the Plymouth County Superior Court in Brockton.
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Did you ever read one of these articles and think to yourself “why would anybody carrying a large quantity of drugs drive like such an idiot?” While that is perhaps the most natural reaction of the lay person a Massachusetts Criminal Lawyer will read this article much differently. I always believe that the stop and search of the car was based on profiling or a “tip” that would not survive a constitutional challenge and that the reported Motor Vehicle Crimes are pretenses used to justify the illicit stop. While showing a judge that the officers are not being truthful is not always easy to prove the challenge of doing so has been facilitated in recent years through security video cameras and traffic cameras. Depending on the location of the stop you might be able to show that the alleged traffic violations never occurred. If successful the Search and Seizure of the Drugs will be suppressed and that case likely dismissed. Accessing these cameras and their contents at the earliest possible moment is often critical as rarely does this equipment store the data for a extended period of time.
The article leaves some other things to think about. What right did the police have to search the car and its occupants after the stop? Where did they find the drugs? What evidence suggests that the passenger, Boucher was Trafficking Heroin or conspiring to violate the controlled substances laws? Did the police have information that they failed to disclose in their reports that might impact their credibility and the validity of the stop and search? I have no doubt that an experienced Massachusetts criminal defense lawyer will gets answers to these questions and provide these defendants with an excellent defense.
The Law Offices of Stephen Neyman has been defending Massachusetts Drug Trafficking Cases for over twenty years. We have always been able to provide a defense for our clients regardless of this severity of the crime alleged and the facts supporting the initiation of the charges. If you need to talk to us call 617-263-6800 or send us an email. We want to start your defense right now.