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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