Acting on anonymous tips about frequent comings and goings at a Hough's Neck house supplied by neighbors, Quincy police made three arrests of suspected drug dealers. All three are believed to operate independently of one another. After two months of surveillance, drug unit detectives collected enough information to apply for warrants and searched the men's homes. The charges following from the searches conducted under these warrants include possession of illegal drugs with intent to distribute. The Quincy Patriot Ledger's report does not specify the basis for the warrants other than that "people in Hough's Neck reported frequent comings and goings" at the homes of two of the men. This leaves me wondering, as a Quincy narcotics crimes defense lawyer, what the police and the neighbors actually saw, and what they assumed, about the men's activities.
With the warrants they obtained, police first searched the apartment of Marco Rose, 26, and arrested him on charges of possession of crack cocaine with intent to distribute, as well as marijuana possession. After pleading innocent at his arraignment in Quincy District Court, he was released without bail and is to appear in court again on April 23. Police also searched the apartment of John DeFranco, 25, found heroin and arrested him on charges of possession of heroin with intent to distribute. Like Rose, he pleaded innocent, was released without bail and is due back in court on April 23. Then, police searched the home of John Wittekind, 55, and arrested him on charges of trafficking in heroin, Percocet, oxycodone and Viagra. The news report does not give any information about his arraignment.
The news report also does not provide information about how or where the drugs were found in the men's homes, but as a Massachusetts drug crimes criminal defense attorney, I have seen enough drug offense cases to know that people charged with these crimes can still be found not guilty of them in court. I would ask a lot of questions about the warrants: Was there really probable cause for the police to believe that they would find drugs or drug paraphernalia in the men's homes? Could they imagine no other reason that there might be a lot of people coming and going, besides drug dealing? And the police relied on anonymous tips from neighbors to zero in on the men in the first place. Informants have to be considered reliable and trustworthy in order for the information they supply to serve as the basis for a warrant. Tips from anonymous neighbors are far from reliable; neighbors may have personal grudges that have nothing to do with drugs, or may not be neighbors at all. Additionally, I would ask a lot of questions about how police decided that the men had intent to distribute. Many times, law enforcement assumes the intent based solely on the amount of drug found, regardless of whether there is any evidence of sales.
If the Commonwealth of Massachusetts cannot answer these questions satisfactorily, an experienced Massachusetts drug crimes defense attorney may be able to undermine the case against the defendant. If the warrants were obtained without sufficient probable cause, all evidence found in the searches could be suppressed. Ths is important, because anyone in a situation like the one Rose, DeFranco, and Wittekind find themselves in is facing years in prison, possibly decades. Defendants in this situation need a Quincy drug crimes attorney who knows what questions to ask and how to respond to the answers.
Continue reading "Quincy Police Arrest Three on Massachusetts Drug Charges" »