Possession With Intent, Cocaine and School Zone Offense Dismissed After Successful Motion to Suppress

In June of 2015 the defendant was pulled over by a Falmouth Police Officer for driving a vehicle with an illegible license plate. After the stop the officer smelled the odor of unburnt marijuana coming from the defendant who happened to be clinging to a backpack. The defendant was operating without insurance, an arrestable offense. The officer called for backup. Another officer arrived with a drug sniffing dog. The dog hit on the backpack. Officers then searched the backpack and found in excess of eight grams of cocaine, enough to satisfy a trafficking charge. Attorney was able to get the prosecution to keep the case in the district court and drop the charges to possession with intent in violation of G.L. c. 94C Section 32C. We filed a motion to suppress the stop and seizure. Today, we prevailed on that motion and all drug charges were dismissed.

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