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Motion to Suppress Gun Seized After Motor Vehicle Stop Allowed
Our client was charged with unlawful possession of a firearm in violation of G.L. c. 269 section 10A. If convicted he faced a minimum mandatory eighteen months in jail. From the day we were retained on this case we strongly believed that the man was targeted by the police and unlawfully stopped and searched. We contended that the initial stop constituted a seizure and was unlawful, that the officers lacked reasonable suspicion of criminal activity, that the stop was unreasonably prolonged, that the defendant’s movements were not furtive, that there was no need for an exit order and that the pat frisk was unreasonable. The judge hearing the motion agreed with us and the motion was allowed. The case will be dismissed soon.
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