Motion to Suppress on Felony Gun Charge Case Allowed and Case Dismissed

In June of 2022 a police officer in a Boston suburb was patrolling an area near a movie theater when he observed a parked car with no front plate. The officer looked to see if someone was in the car. As he did so the defendant left the driver’s side rear door opened and the defendant exited the car. He smelled like he had been smoking marijuana. The defendant presented the police officer with a valid driver’s license. The officer asked if there was any contraband in the vehicle. The defendant said there was marijuana in the vehicle. The officer searched the car and found marijuana, a scale and a gun under the driver’s seat. The defendant was arrested and charged with carrying a loaded firearm without a license, G.L. c. 269 section 10(n), possession of a large capacity firearm, G.L. c. 269 section 10(m), improper storage of a firearm, G.L. c. 140 section 131L, carrying a firearm without a license to carry (LTC), G.L. c. 269 section 10(a), possession of ammunition, G.L. c. 269 section 10(h) and possession with the intent to distribute a class D drug, G.L. c. 94 section 32C. Our office filed a motion to suppress arguing that the search and seizure was unlawful. The judge agreed and allowed the motion. Today, all charges were dismissed.

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