Massachusetts Criminal Defense Lawyer Blog

Illegal search and seizure in Massachusetts will prevent drugs and a gun from being used against a Fall River man facing federal criminal charges in U.S. District Court, the Herald News reported.

Chief Judge Mark Wolf ruled in favor of the defense in excluding part of the evidence Fall River vice detectives uncovered during a search of the Blackstreet Home of defendant Aryam Gonzalez during a raid on Feb. 13, 2009. A second motion is pending before the court that asks the judge to prevent prosecutors from introducing at trial a second gun allegedly found in the home.

This case illustrates the dramatic impact an experienced Fall River defense lawyer can have on a case when successfully arguing that law enforcement inappropriately searched a defendant's car, home or person. Evidence found as the result of a search is frequently the primary reason for bringing charges. A reduction or dismissal of the charges often results when such evidence is then excluded from court.

During a suppression hearing in May, evidence was presented that vice detectives were executing a search warrant on the defendant's home when he walked out and began to run away. He was tackled, placed in a choke hold and punched during arrest after officers claim he attempted to conceal drugs in his mouth. During the arrest, he allegedly told police where to find drugs and a gun in a shoebox in his room.

The judge ruled Gonzalez did not knowingly waive his right to remain silent while make a statement during such a physical arrest. Therefore, prosecutors will not be able to use that evidence in court. A second gun was found beneath the defendant's mattress.

Gonzalez has remained in custody while awaiting trial. He faces up to 15 years in prison if convicted. However, unless successfully appealed, the judge's ruling will likely result in a reduction or dismissal of a substantial part of the case against him.

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Five suspects are facing Massachusetts shoplifting charges in Attleboro after being accused of stealing at least $2,500 in merchandise from Route 1 stores using a "boosting bag," the Sun Chronicle reported.

The defendants were arraigned in Attleboro District Court on related charges as police continue to inventory perfume, candles, alcohol, cosmetics, batteries and other items. A booster bag is a shopping bag designed to foil electronic security systems in store entrances and exits.

Prosecutors allege that the defendants were acting together to carry out the thefts. Most were ordered held in jail following the arraignment. Lavina L. Qualls, 25, of Providence; Tyris D. Nealy, 29, of Woonsocket; Dennissa J. Porter, 20, of Providence, and Robert A. Rowe, 29, of Providence. One suspect, Josue Gonzalez, 20, of Providence, was freed without bail because he has no prior criminal record.

The suspects were arrested shortly before 9 p.m. Tuesday when a patrolman spotted two women running from store security in the parking lot outside Bed, Bath and Beyond. One suspect reportedly ditched a bag of candles beneath a car. Gonzalez and Rowe, who is handicapped and uses a wheelchair, were arrested inside the car, where police found a boosting bag and numerous items of merchandise.

The items were from Victoria Secret and Ocean State Job Lot.

Still, the district attorney was forced to dismiss some of the larceny and receiving stolen property charges against some of the defendants after their defense attorneys argued police failed to establish probable cause for the vehicle search. Police cannot search your person, vehicle or other property without establishing legal grounds. When a defendant's rights are violated, an Attleboro criminal defense lawyer can frequently prevent the evidence form being used in court. A reduction or dismissal of the charges often results.

Continue reading "Charges dismissed in Attleboro shoplifting case after Massachusetts criminal defense lawyers argue officers lacked probable cause" »

A Brockton woman and a Fall River man face Massachusetts criminal charges of receiving stolen property and conspiracy to commit a crime in connection with a shoplifting scam that used fake receipts, the Brockton Enterprise reported.

Police say Natalie Tanya Reyes, 19, of 23 Marion Ave., Brockton, and Andre K. Samuel, 27, of 119 Wade St., Fall River, made fake receipts with a printer rigged up to a car cigarette lighter. The receiving stolen property charge alleges a value greater than $250. Under Massachusetts law, the charge carries a penalty of up to five years in prison. A value under $250 is punishable by up to 2 1/2 years in prison.

The two were arrested during a traffic stop on westbound Route 9 at the Natick Collection. Samuel reportedly told officers his license was suspended; he was arrested after police determined the car was rented and he did not have permission to drive it.

During the arrest, officers found $330 worth of clothing from a children's store. Police also found a home printer, copier and scanner powered by an adapter that plugged into a car cigarette lighter, along with a blank roll of register receipts. In this case, a Framingham defense lawyer will likely take a close look at the probable cause for the traffic stop, as well as the search of the vehicle. If it can be proven that the search of the vehicle was improper, the evidence would not be permitted to be used in court against the defendants.

Police contend the pair shoplifted items, or obtained them with fraudulent store credit, created receipts and returned them for cash.

Reyes also was charged with uttering a false document and larceny of less than $250. Police report she had an outstanding warrant issued through Quincy District Court , charging her with larceny of more than $250 and receiving stolen property worth less than $250.

Samuel was also charged with driving without a license and using a vehicle without authority.

Both defendants pleaded not guilty in Framingham District Court on Monday and were released without bail. They are due back in court for a pretrial conference on July 8.

Continue reading "Shoplifting scam leads to receiving stolen property charges in Framingham District Court " »

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.

Continue reading "Massachusetts gun charges, drug charges, dropped as a result of faulty Worcester search warrant" »

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.

Continue reading "Canine sniffing drug dogs used to search Attleboro, Massachusetts high school for drugs " »

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.

Continue reading "Teens face Attleboro, Massachusetts drug charges, probation violation hearing" »

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.

Continue reading "Drug and Gun charges brought out of the Framingham, Massachusetts district court " »