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.