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Motion to Suppress Search of Cell Phone Allowed After Hearing
The defendant has been charged with a felony drug charge, G.L. c. 94C Section 32B in Massachusetts. Over a year ago he was stopped by the police for speeding. After producing his license and registration the officers conducted what we believe to be an unlawful search of our client and his car. During the search of the car a cell phone was located and twenty-six days later the officers obtained a search warrant allowing them to access the contents of the phone. Our office moved to suppress the stop, search and seizure in all aspects. Today, Attorney Neyman argued that the search warrant was unlawfully issued. The judge agreed and the search of the phone and all evidence seized as a result has been suppressed. The remaining issues are being argued separately.
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Motion to Suppress Stop Search and Seizure of Drugs Allowed
On February 7, 2018 a Sturbridge Police Sergeant stopped a vehicle being driven by our client for a marked lanes violation and an expired inspection sticker. The officer observed our client and his passenger make furtive movements prior to the stop suggesting to him that the occupants were either retrieving or concealing weapons or illicit substances. The driver and passenger were ordered to exit the car. They were searched. The car was searched. The passenger's pocketbook was searched. The trunk was searched. The officer found a knife and drugs in the pocketbook and trunk of the car. Both individuals were charged with possession with intent to distribute a class C drug, G.L. c. 94C Section 32B and conspiracy to violate the Massachusetts drug laws, G.L. c. 94C Section 40, both felonies. Attorney Neyman filed a motion to suppress challenging the legality of the stop, search and seizure. The grounds for the motion were the illegality of the exit order, the unlawful pat frisk of the defendants and the unlawful search of the vehicle and its contents including the pocketbook. Today, the judge allowed the motion. The evidence cannot be used against the defendants.
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Motion to suppress illegal search and seizure of car and occupants allowed
Worcester District Court: On June 2, 2011, police were patrolling a parking lot as a result of several reports of drug activity. While doing so, officers saw a truck pull into the lot and noticed that no one exited the truck for about 5 minutes. The officers then saw another car pull into the lot and park to the left of the truck. One officer recognized the car as belonging to our client, claimed by the officer to be a known drug dealer. The officer had observed our client in the past conducting brief transactions in parking lots consistent with the appearance of drug deals. An occupant of the truck entered the passenger's side of our client's car, and police approached the two. The officer saw our client holding a $100 bill and ordered him to put his hands on the wheel, after which he saw drugs in the passenger's lap and in the center console and control panel. After search of our client and the car, our client was charged with possession with intent to distribute cocaine, distribution of oxycodone and oxymorphone, possession of cocaine, a school zone violation, and conspiracy. Denise Dolan of our office moved to suppress on the grounds that the search and seizure was in violation of our client's constitutional rights. The motion was allowed and the drugs were suppressed.
Motion to Suppress Search conducted pursuant to a search warrant allowed after hearing
West Roxbury District Court: On July 30, 2010 members of the Boston Police Department applied for, obtained and executed a search pursuant to a warrant. Their target was a local college student. The officer who applied for the search warrant had information from one of his informants that the student was selling cocaine out of his apartment. At the direction of the police, the confidential informant engaged in some controlled purchases of cocaine. The identity of the seller was quickly learned as was his apartment location. The police believed that he kept a supply of drugs at the apartment. The search was conducted. During the course of the search police officers found cocaine, packaging materials and marijuana. The defendant was charged with Possession With the Intent to Distribute Class B and Class D drugs and a School Zone Violation. Attorney Neyman succeeded in convincing the judge that the search was unconstitutional and the fruits of the search were suppressed. The case will likely be dismissed next month.
Motion to Suppress Illegal Search and Seizure of a car allowed
Lowell District Court: The prosecution alleged that on January 18, 2011 a Tewksbury Police officer followed a vehicle driving erratically for about two miles. The officer stopped the vehicle. He saw the driver and front seat passenger (our client) turn around to the back seat passenger in a suspicious manner. The officer had the driver exit the vehicle to determine whether he was in any way impaired. During the course of the officer's discussions with the driver the latter admitted to there being marijuana in the car. The officer then asked the remaining occupants to get out of the car. The car was searched. Inside police located marijuana, a bong, a pipe and some ecstasy. The occupants were interrogated. Our client admitted that the drugs were his. Attorney Neyman challenged the legality of the stop and subsequent search and seizure. He was successful on the motion and the Search and Seizure was declared unconstitutional by the judge. The drugs and our client's statement were suppressed.
Motion to Suppress Illegal Search and Seizure of car and its occupants allowed after hearing
Lawrence District Court: On Friday, September 3, 2010 members of the Andover, Massachusetts police department drug unit were patrolling parking lots off of Route 93. The officers had been involved in several investigations involving narcotics activities in that area. At around 7:00 p.m. the officers saw a car parked with the defendant in the driver's side. For several minutes he remained in the car, never going into the establishment adjacent to the lot. Another car arrived. The defendant's vehicle signaled by pumping brake lights several times. The driver of the second vehicle entered our client's car. Officers believed a drug transaction was occurring. They exited their car and approached our client and the person seated in the passenger seat. The police officers demanded that they get out of the car and conducted a search. Our client was found in possession of cocaine and marijuana. Attorney Neyman moved to suppress on the grounds that the Search and Seizure was a violation of our client's constitutional rights. The motion was allowed the drugs were suppressed.
Motion to Suppress Illegal Search and Seizure allowed after evidentiary hearing
Essex Superior Court # 09-0118. Our client, a Maine man was charged with Trafficking Cocaine in Excess of 200 Grams. He was facing a minimum mandatory 15 years in state prison if convicted. The prosecution alleged that on June 22, 2008 on officer patrolling Route 1 in Danvers, Massachusetts pulled into a Friday's parking lot and observed what he believed was a drug deal. He claimed that our client and his co-defendant were parked in a remote section of the parking lot, sitting in our client's car. The co-defendant's car was left unattended and running. The officer approached the defendants. He claimed they became aggressive with him. He then pat frisked both individuals and once he learned that the co-defendant's license had been suspended and that he had outstanding warrants called for backup. Officers arrived and searched both vehicles. They found about two hundred fifty six grams of cocaine in our client's car. We successfully moved to suppress the search on Fourth Amendment grounds. It is expected that the case will be dismissed sometime next month.