Commonwealth vs. M.R.

8-15-2016

Dedhan Superior Court

Filed a motion to suppress the stop and subsequent search of my client’s purse.  It was a long wait, up to three hours before the drug dog showed up. This was after the State Police had done a preliminary search of the vehicle and found nothing.  Four other soon to be defendants were standing around, tow truck operator offered water to all standing around on Interstate 95, in Dedham, MA.

The K9 Unit finally shows up and the K9 dog officer does a preliminary search of the vehicle before putting the dog to the car.  He claims to be looking for food that the dog could alert too.  In looking in my client’s travel purse he noticed 5 condoms filled with narcotics. He then turns around and arrested all of them for trafficking cocaine over 200 grams.

At the motion to dismiss the other four defendants had their cases dismissed as being merely in the car.  My client was taken to the hospital where she eliminated five more condoms.  We did not have a chance on motion to dismiss but we had a great motion to suppress the stop.  The District Attorney also knew this.

Before the motion was heard, we obtained the hospital records, tow slip (for the time he waited) along with all 911 and officer communications.  We also had the arresting officer saying the drug was cocaine from his experience as a drug recognition expert, but the drug certs came back as heroine!!!!

The plea offer went from 10-15 years in state prison to probation and time served of 109 days.  The client wanted to take the deal, charges were amended down and she was placed on probation for 3 years.

Not all cases turn out this well but we dove into the facts and found helpful evidence along with finding out that the K9 policy does not say that the officer needs to make a protective sweep of the premise – a lot of good facts were going to make the government squirm as the transcript would be broadcast in future hearings.

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