Boston Criminal Defense Lawyer Blog

A State Police Trooper pulled over a car claiming that the driver was traveling "too close" behind the car in front of it in the passing lane. The Trooper asked the driver for his license and registration. The driver produced a valid passport however, the Trooper ordered him out of the car. While the driver was standing at the rear of the car, the Trooper frisked and searched him. During this search the Trooper felt what he believed to be a vile in the driver's front right pocket. He retrieved the vile and found which he believed contained oxycontin pills. After placing the defendant under arrest, the Trooper searched the car and found a grater with residue of a controlled substance.

The driver was arrested and charged with illegal possession of controlled substances. I filed a Motion to Suppress Evidence claiming that the stop, search and subsequent confiscation of the vile and its contents from the defendant and the retrieval of the grate from the car violated the driver's state and federal constitutional rights to privacy.

The motion specifically moved to suppress from the use in evidence of all evidence seized from ththe driver or from the car. The supporting reasons that I gave were the following:

1. said evidence was not seized pursuant to a lawful arrest;
2. it was not in plain view;
3. there was no probable cause;
4. no warrant;
5. no exigent circumstances;
6. not pursuant to a lawful stop-and-frisk;
7. not consented to;
8. the search and/or inquiry of the defendant was conducted without probable cause, reasonable suspicion or exigent circumstances;
9. the search was a “pretextual search”;
10. the search was not done in conformity with written police inventory policy;
11 the search was in violation of the Fourth and Fourteenth Amendments of the United States Constitution, Article 14 of the Declaration of Rights of the Constitution of the Commonwealth of Massachusetts and G.L. c. 276.

Following an evidentiary hearing, the judge agreed with me and allowed the motion to suppress. Based on this ruling, the Commonwealth had no case and moved to dismiss all charges against the driver.

If you, a loved one or a friend is charged with possession of drugs, possession with intent to distribute drugs or trafficking in controlled substances contact Boston area Attorney Kathleen M. McCarthy immediately and I can get to work on your case.