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.