Motion to Suppress Drugs Seized After Stop and Search of Car Allowed

The defendant is charged with trafficking over eighteen grams of oxycodone in violation of G.L. c. 94C Section 32E. The penalty for a conviction of that offense is two years mandatory in a Massachusetts state prison. The facts of the case are as follows. On December 16, 2016, members of a suburban Boston police department responded to a call for a woman unconscious outside of her home. Upon arrival the officers immediately suspected that the woman had suffered a drug overdose. An ambulance was called. The officers became suspicious of the woman’s husband who was home but acting disinterested in her condition. The following one of the responding officers queried a vehicle outside of the defendant’s home. The vehicle came back as one belonging to a rental car company owned by the defendant. The query further indicated that this vehicle had been queried by numerous police departments. As a result, the officer established surveillance of the vehicle. He pulled the car over for failing to use a turn signal. He approached the vehicle and smelled a strong odor of unburnt marijuana coming from the car. He asked the defendant if he would mind opening a briefcase sitting on the seat next to him to see how if it contained an illegal quantity of marijuana. The defendant complied. While doing so the officer observed a large quantity of pills packaged in a manner consistent with an intent to distribute. He arrested the defendant and located over 200 oxycodone pills. Attorney Neyman was hired to represent the defendant. Extensive discovery battles were fought and won by our office. We ultimately filed a motion to suppress all evidence seized as a result of the unlawful search. After a hearing on this motion the judge agreed that the search was illegal. All drugs seized as a result of this search were suppressed. The case will be dismissed at the next court date.

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