Massachusetts Criminal Defense Lawyer Blog

A traffic stop in North Attleboro resulted in drug charges being brought in the Attleboro District Court against two individuals, Joseph H. Auclair, 26, of Woonsocket, R.I., and Kevin P. Doherty, 47, of 44 Elm St. in North Attleboro, according to the Attleboro Sun Chronicile news report.

From the article it is unclear as to why the vehicle was stopped, where the narcotics were found or what the basis was to search the vehicle if any search was conducted. Many Massachusetts drug possession and distribution cases arise from traffic stops. These cases generally raise numerous and complex legal issues that require an individual to hire an experienced Massachusetts criminal defense lawyer to review the police report and to determine if there are constitutional defenses to the case based on an illegal search and seizure.

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Massachusetts gun and drug charges have been dropped against a 30-year-old Worcester man after a judge tossed out evidence he ruled had been unlawfully obtained by police, the Worcester Telegram reported.

An experienced Worcester, Massachusetts defense lawyer should represent anyone facing Massachusetts weapons charges, drug charges or other serious criminal charges in Worester Superior Court. An experienced Worcester defense attorney can sometimes use search and seizures laws in Massachusetts drug cases to get evidence dismissed.

In this case, the defendant was indicted in 2008 on 30 firearm and drug charges after a police raid that authorities say netted heroine, cocaine and two caches of loaded weapons.

An Assistant District Attorney said the charges were dropped after the defense won two motions to suppress evidence, noting the remaining evidence was not sufficient to obtain a conviction.

The Worcester police vice squad and SWAT team conducted the raid after obtaining a search warrant. The defendant was not home and officers arrested him before an arrest warrant had been officially prepared and issued. The judge threw out evidence found during the arrest, including heroin and ammunition. The judge also ruled evidence found in one of five garage units was inadmissible because the warrant had not specified which garage unit was to be searched.

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Drug-sniffing dogs were used at Attleboro High School to search for drugs in school lockers and in cars driven by students. Six high school lockers were searched and three cars according to the Attleboro Sun Chronicle. The search was not based on any tip or previous intelligence regarding drug activity. No student was charged with any Massachusetts drug crime.

Since the searched revealed no illegal drugs, the legality of the search is likely to go unchallenged. Was this search Constitutional under the Fourth Amendment and Article 14 of the Massachusetts Declaration of Rights? This issue would be at the center of any challenge by a Massachusetts Drug Defense lawyer if charges were brought from a school search. The use of canine to search for drugs at public schools is being used by other school districts.

The United States Supreme Court held in a case called New Jersey v. T.L.O., 469 U.S. 325 (1985), that a search of a student by a teacher is constitutional if there is reasonable grounds for believing the search will uncover evidence of criminal activity or violation of school rules.

The United States Supreme Court and Massachusetts Supreme Judicial Court have held that a canine sniff is not a search under the Fourth Amendment or Article 14 because individuals do not have a reasonable expectation of privacy in the smell from the place being searched, the smell from a car or locker. The Massachusetts Supreme Court recognized this in a case called Commonwealth v. Feyenard, 445 Mass. 72 (2005) while the United States Supreme Court decision of Illinois v. Cabelles, 543 U.S. 405 (2005) holds that alerts from canine sniffing dogs are Constitutional under the Fourth Amendment.

The issue here is can a canine alert, without any other factors showing that the car or locker contains narcotics, justify a search under the Fourth Amendment or Article 14 of the Massachusetts Constitution, referred to as the Declaration of Rights. The case of Commonwealth v. Pedro Mateo-German, 453 Mass. 838 (2009), would suggest that the police need some other factors showing that there is narcotics in the area where the canine makes a positive alert.

In this case, it appears that the canine made three false positive alerts, calling into question the reliability of the canine or the training of the officer handling the canine. Numerous issues can arise with canine sniffs for drugs. An officer can misinterpret the alert; the handler's actions could cause the canine to make a false positive alert. With cars parked next to each other in a parking lot, there is the possibility that the dog cannot distinguish where the scent came from, causing a false positive alert.

Massachusetts drug cases based on canine alerts often require a motion to suppress challenging the accuracy of the canine and the training of the officer handling the dog.

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Two teenagers are facing drug charges after police found marijuana, cocaine and alleged drug packing materials in an Attleboro apartment, according to the Sun Chronicle.

In this case, a Massachusetts defense lawyer experienced in representing juveniles and adults for drug crimes in Attleboro District Court might challenge the legality of the search. Although the case is complicated by the presence of a wanted suspect allegedly hiding on the premises, police did not arrive with a warrant pursuant to a drug investigation.

Additionally, one of the teens faces probation violations. An experienced Attleboro probation violation attorney will need to fight those charges in addition to the current charges. Probation violations can be serious because they often result in sentences being imposed for past crimes in addition to current charges.

In this case, police were looking for a 17-year-old male wanted by the Department of Youth Services, when they found him hiding in the apartment and took him into custody along with another 17-year-old at the Pearl Street apartment.

An assistant district attorney said the wanted teen was an alleged gang member and the drug arrests were made after police smelled marijuana in the apartment.

Police seized a bong for smoking drugs, 10 baggies of a white powdery substance, four bags reportedly containing marijuana, a scale, plastic baggies and a .45 caliber bullet.

The second teen, who was on probation, was ordered held without bond in Attleboro District Court pending a probation violation hearing. He has previous convictions for carrying a dangerous weapon, possession of marijuana, vandalism and driving to endanger, according to the report. He is also accused of making telephone threats to a family member over money reportedly owed for drugs.

The other teen was ordered held in jail on $4,000 cash bail. Both teens pleaded innocent and their lawyers deny their clients had any involvement with drugs in the house. One of the lawyers did indicate challenging the legality of the search was being considered.

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A Massachusetts drug possession charge was brought against a Weymouth man, Gregory M. Orlowski. The Braintree police brought charges of possession of heroin. Based on the news account, the police made the arrest of Orlowski based on their belief that he was involved in a drug transaction.

In these types of cases, where police allege that they observed a drug transaction, an experienced Massachusetts criminal defense attorney will often file a motion to suppress, arguing that there was not probable cause or reasonable suspicion to seize the defendant. The police cannot merely act on a mere hunch that they observe a drug transaction, but must have detailed observations that set forth probable cause, such as prior dealings with the individuals being seized, presence in a high crime area, whether or not they see money or drug exchanged. These cases are very fact specific and if successful a motion to suppress would result in the evidence being excluded and the case likely being dismissed.

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Two individual charged with possession of drugs and guns after police execute a search warrant of their residence. According to the news report, Ashland, Massachusetts police charged Daniel LaRouche and Adam Voyer with illegal possession of a gun, illegal possession of ammunition and distribution of marijuana.

In any Massachusetts drug charge involving a search warrant, it is important to hire an experienced Massachusetts criminal lawyer to review the warrant to determine if there was probable cause for the police to obtain the warrant under the Constitution. A police search warrant can be challenged on a number of grounds. In some cases, an informant will provide the police with information that forms the basis of the warrant. Information obtained from an informant must have a basis of knowledge and the informant must be reliable. Additionally, the facts contained in the search warrant affidavit must be current; in other words, the affidavit cannot have stale or old information. Finally, in search warrant cases, there must be a link between the alleged illegal activity and the place to be searched.

The lawyer defending these charges from Framingham will likely pursue these 4th Amendment defenses.

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