A Wareham, Massachusetts man, Randy Kennedy and female, Christine Conte were arrested after the Wareham police executed a search warrant of their residence at 20 Linwood Avenue according to news accounts.
Kennedy was charged with drug distribution and drug trafficking. Conte was charged with weapons offenses as a result of having a handgun without an FID card and possession of ammunition.
In this case, a good Massachusetts criminal defense lawyer would review the search warrant to determine if there was probable cause to execute the warrant. To challenge the validity of a warrant a criminal defense lawyer reviews the affidavit in support of the warrant. Once the warrant is obtained a hearing date can be set to have a judge review the determination that probable cause existed to support the search of the residence. The warrant must contain facts indicating that there is probable cause to believe that criminal activity is occurring at the residence. Often in drug cases the police rely on confidential informants to provide the basis for obtaining the warrant. A court will carefully review the reliability and veracity of the unnamed informant to determine whether the search was proper under the 4th Amendment of the United States Constitution and Article 14 of the Massachusetts Declaration of Rights.
A Massachusetts criminal defense attorney would also review the search warrant to ensure that there is probable cause to believe that illegal activity was occurring at the residence searched. In some drug cases, the police improperly obtain a warrant to search a house of a defendant based on drug activity occurring away from the house. In those situations, a motion to suppress the search should be successful.
Based on the news account, the Wareham defendants face serious charges that could result in the Commonwealth seeking a cash bail. This case will require a criminal lawyer to carefully investigate the case to prepare a defense.
