Massachusetts Criminal Defense Lawyer Blog

Massachusetts drug charges of possession with the intent to distribute were brought against two Rhode Island men, Alexander Rivera and Jorge Diaz. The arrest in this case raises significant Constitutional issues that may provide a defense to these Massachusetts drug charges.

According to a news account in the Milford Daily News, a State trooper provided a tip to Franklin detectives about a possible drug deal. The trooper claimed that he saw a drug transaction every day for three days, each conducted by men in the same vehicle.

Franklin, Massachusetts police detectives saw a hand-to-hand drug deal on Beach Street and questioned the buyer. It is unclear from the news account but the police likely asked the buyer where he got the heroin and he pointed to the defendant's in the grey Ford.

The Massachusetts drug defense would arise from the seizure of the defendant's vehicle. The argument would be that the police did not have reasonable suspicion or probable cause to make a search at this point. First, the statement of the alleged buyer of narcotics would have no indicia of reliability to justify a seizure without a warrant. Second, police seizures based on alleged hand to hand drug transaction must be in conformity with case law on drug crimes from the Massachusetts Supreme Judicial Court in a decision known as Commonwealth v. Kennedy. This case is the leading case on hand-to-hand drug stops and the Constitutional limits of police conduct in this area.