For the second time in two years a Massachusetts Drug Task Force has made an arrest of a Bridgewater State College student for a Massachusetts Drug Crime. For about one month law enforcement have been watching 37 Hale Street in Bridgewater. The address is home to a sophomore from Milbury, Massachusetts. It is alleged that law enforcement began their investigation after receiving anonymous tips. Additionally, police knew about the house as they had been called on several occasions after excessive noise from parties was reported. Once the investigation began officers conducted surveillance during which heavy foot traffic in and out of the house was noted. A Search Warrant was obtained and this past Tuesday, early in the morning the warrant was executed. During the search officers located their target as well as a pound of marijuana and over one thousand dollars identified as proceeds from drug deals. The police also seized Drug Paraphernalia believed to be used to weigh and package the substance. The target defendant was arrested. His two roommates received summonses to appear at a later date. The charges now filed are Possession With Intent to Distribute Marijuana, a Class D Substance. The case is pending in the Brockton District Court.
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The defendant in this case is very lucky for a couple of reasons. For one thing, the charges fall short of Trafficking Marijuana. The amount of marijuana found is minimal by legal standards. Additionally, there is no School Zone Violation charged here as presumably the activity occurred outside of the prohibited area. These Drug Task Force operations tend to yield greater quantities of drugs. Take for example the last such case involving a Bridgewater State College student. There, jail time was imposed in that the quantity of drugs and types of drugs permitted a greater sentence. In this case I can see an Experienced Massachusetts Criminal Lawyer working out some sort of resolution that will leave the target defendant and the two roommates without a criminal record. This would probably be a continuance without a finding.
Here are some other thoughts. I imagine that an informant was used by the task force. Perhaps this is the person who initially alerted law enforcement to the illegal activity. However, more than this tip is needed to get a Search Warrant. Thus, one would think that there was either a controlled buy made at the target home or that one or more of the purchasers were caught leaving the property with recently purchased marijuana. These people usually buckle and provide the police with the information they need to establish probable cause for the issuance of the search warrant. If I am correct, and this is how the warrant was obtained, there may be some opportunity to challenge the legality of the search.
The Law Offices of Stephen Neyman, PC defends Massachusetts Drug Crimes Accusations in all courts in the state. We have over twenty-five years experience defending people charged with crimes. Call us at 617-263-6800 or send us an email to discuss your case.