Search and Seizure in Drug Cases
Massachusetts drug offenses can be attacked in numerous ways to defeat the charges brought by the Commonwealth. In addition to attacking the basis of the Commonwealth evidence that you possessed marijuana, cocaine or other unlawful narcotics, drug charges can be typically defended by challenging the Constitutional basis of a stop if the drug were found pursuant to a traf c stop or the Constitutional basis of the search if a warrant was obtained to search a residence.If drugs were found in your car, there are numerous Constitutional defenses based on the Fourth Amendment. UNLAWFUL BASIS FOR TRAFFIC STOP AND ORDER TO EXIT THE CAR
First, the of cer must have had reasonable suspicion to that you were violating the law or about to violate the law. If the offense was a traf c offense, you can challenge the of cer’s conclusion that you committed a traf c violation. Even if the of cer alleges a traf c violation, Massachusetts law does not allow a police of cer to automatically require you to get out of the car so that the car can be searched. Unless the of cer has some concern for his or her safety, an of cer making a traf c stop has no right to order you from the car and should simply issue you a ticket and allow you to leave.
If you were ordered from the car during a stop for a traf c violation, you may be able to have evidence of drug possession or distribution excluded based on the unconstitutional actions of the arresting officer.NO PROBABLE CAUSE FOR SEARCH WARRANT FOR RESIDENCE
DEFENSES INVOLVING SEARCH WARRANTS:
If the police obtain a search warrant for a house, you may be able to exclude the evidence obtained from the search by asserting that there was no probable cause for the judge to issue a search warrant. A judge can only issue a search warrant in a Massachusetts drug offense when an of cer prepares an af davit that provides probable cause to believe that drugs or drug paraphenlia will be found in the 3place to be searched.
Accordingly, if your home was searched pursuant to a warrant, you should call Attorney DelSignore so he can review the warrant and prepare a motion to suppress any of the evidence found.
Often the search warrant af davit will rely on information supplied to the police by a con dential informant. A police of cer can only rely on information supplied from an informant to establish probable cause for a search if the informant is deemed to be both reliable and trustworthy. Accordingly, Attorney DelSignore may be able to successfully defend your drug case by ling a motion to suppress to exclude the evidence through attacking the Constitutional basis for issuing the search warrant.
Contact Attorney DelSignore directly at 781-686-5924 to set up a FREE NO-OBLIGATION consultation about a Massachusetts drug charge.Related Pages