Motion to Suppress Search and Seizure Allowed and Gun Charges Dismissed

Just about one year ago police officers in a Boston, Massachusetts suburb were dispatched for a well being check at a residence. A person familiar with the occupants called 911 after one of them had made self-harm threats. The caller also alerted the police to the fact that the other occupant possessed firearms. Dispatch quickly learned that no one at that residence had a license to carry nor did anyone possess and FID card. The responding officers conducted a safety search and located a firearm. The defendant was arrested and charged with possessing a large capacity firearm, G.L. c. 269 Section 10(m), possessing a firearm without and FID card, G.L. c. 269 Section 10(h), possession of ammunition, G.L. c. 269 Section 10(h)(1) and improper storage of a firearm, G.L. c. 140 Section 131L. Associated with one of these charges is a mandatory one year jail sentence. Our office filed a motion to suppress challenging the lawfulness of the search. We argued that the search exceeded its permissible scope and was pretextual. The judge allowed the motion. The prosecution was unable to proceed with the case and all charges were dismissed.

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