Motion to Suppress Search Allowed and All Drugs Seized Excluded as Evidence After Successful Evidentiary Hearing

In March of last year our client’s mother drove past his house and observed him acting peculiar and on the roof of his home. She called her husband who in turn called the police. The police arrived to conduct a “wellness” check. When they got to the home the woman said that her son was fine and that the situation had abated. That notwithstanding, the officers went upstairs and observed the defendant with a large bag of drugs on his chest. He was arrested and charged with trafficking fentanyl, a Class A drug in Massachusetts. This is a violation of G.L. c. 94C section 32E. Our client was facing significant mandatory state prison time. Attorney Neyman filed a motion to suppress the search claiming that the police had no right to conduct this search. Our client’s mother testified that she never gave consent for the search and that the officers, without her consent, searched the home. A judge allowed our motion and the search and seizure was found to be unlawful.

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