Motion to Suppress Search of Cell Phone With Warrant Allowed After Hearing and All Evidence Suppressed

On July 20, 2018 the defendant was driving his girlfriend’s car in an upscale Boston suburb. Police officers pulled him over for driving twelve miles per hour over the speed limit. Officers asked the driver if he had any weapons or if there were drugs in the car. He responded “not that I am aware of”. This heightened the officer’s suspicions. The defendant then made furtive movements causing further alarm prompting the officers to have him exit the car. The officers then conducted a pat frisk of the defendant and found several thousand dollars cash in his pockets. The police then searched his car and found drugs. Our client was arrested, the car was seized as was the defendant’s cell phone. A search warrant was applied for and issued permitting the police to search the phone. On the phone was a significant amount of evidence of our client’s drug dealing. Attorney Neyman filed a motion to suppress challenging the lawfulness of the search warrant. Today, the judge agreed that the search was illegal. Consequently, all evidence in the phone linking our client to the drugs was suppressed. The prosecution will not be able to proceed with the case and all charges will be dismissed.

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