Boston Criminal Defense Lawyer Blog
With the increasing seriousness and public awareness of the nationwide opioid epidemic, Massachusetts lawmakers, prosecutors, and courts seem eager to address the problems by seeking quick convictions and harsh sentences for crimes relating to the distribution of heroin, fentanyl, and other opioids. While this strict enforcement of drug laws may ultimately support public health, overeager police officers and prosecutors often violate Massachusetts residents’ constitutional rights in the process of enforcing drug laws. A criminal defendant recently appealed his conviction for heroin distribution, alleging that the search leading to his arrest was unconstitutional.
The case in question involved a defendant accused of distributing heroin. After a jury-waived trial, a Superior Court judge found the defendant guilty. The defendant subsequently appealed his conviction, challenging pretrial rulings made by the trial court. One of the primary defenses raised by the defendant was a motion to suppress evidence. The crux of this argument was whether the police had reasonable suspicion to stop the defendant’s vehicle, leading to the discovery of evidence that could potentially incriminate him.
In assessing this motion, the court followed the established legal framework. It’s essential to note that police officers can affect a motor vehicle stop based on reasonable suspicion of criminal activity. In this case, the defendant contended that the police lacked such reasonable suspicion, which would render the subsequent evidence inadmissible. The court’s decision emphasized that when the basis for reasonable suspicion is a perceived drug transaction, it is not necessary for the police to observe an actual exchange of drugs or cash. Instead, it is essential that their observations occur in a factual context that points to criminal activity.
In the case at hand, the police observed what they believed to be a hand-to-hand sale of narcotics. The transaction occurred in front of a residence under police surveillance due to reports of increased drug activity. Additionally, there had been a recent drug overdose incident at the same residence, and the defendant’s vehicle had previously been involved in two drug-related incidents. These contextual circumstances provided ample support for the police to believe they had witnessed an illegal narcotics transaction. As such, the court found that the police had reasonable suspicion to stop the defendant’s vehicle, validating their actions.
Have You Been Charged with a Massachusetts Drug Crime?
If you or someone close to you is facing criminal charges for a drug crime allegedly committed in Massachusetts, the zealous prosecution of such crimes by prosecutors could result in a significant prison sentence in the event of conviction. In the world of criminal defense, each case presents its unique challenges and opportunities. Attorneys must be knowledgeable and flexible to best represent their clients’ interests The Massachusetts criminal defense attorneys at the Law Office of Patrick J. Murphy are experienced in fighting against unconstitutional searches that result in drug arrests. Our firm represents clients facing all Massachusetts misdemeanors and felonies, including heroin charges. Contact our office at 617-367-0450 to schedule a free and confidential consultation with one of our lawyers.