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Two Gun Charges Against Known Drug Dealer Dismissed at Arraignment
The defendant was driving a motor vehicle in a Massachusetts city. He was stopped when the police allegedly observed him run a stop sign without stopping. The officers ordered the defendant to get out of the car without reasonable suspicion or probable cause to do so. They then searched the vehicle and located a large capacity firearm. Since the man had a prior gun conviction he was charged with violating G.L. c. 269 section 10(m) and G.L. c. 269 section 10G. Arguing the legality of the stop, search and seizure Attorney Neyman moved for a dismissal at arraignment. Unable to provide a valid and defensible reason for the police actions the district attorney agreed that the case would inevitably be dismissed. Accordingly, the judge dismissed all charges.
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