Massachusetts Criminal Defense Attorney Blog
Police in Harwich, Massachusetts observed Gianni Trombetta engaged in what they believed to be a Narcotics Sale in a local parking lot. The time and date of this sale was not disclosed in the attached article however there is a suggestion that police were investigating this matter for months. An arrest warrant was secured and at a later time Trombetta was arrested. Police found over eighteen grams of cocaine in his possession at the time of the arrest. This is a quantity that satisfies the threshold for Trafficking Cocaine in Massachusetts. Subsequently officers searched Trombetta’s home. They did so after obtaining a Search Warrant. During the execution of the search warrant officers found more cocaine, approximately ten grams worth. Jilliam Prudeaux who was living at that address with Trombetta was arrested. She has been charged with Possession With the Intent to Distribute Cocaine.
Read Article:
Cape Cod Drug Trafficking Defense Law Firm
This article makes me suspicious about the validity of the search warrant. The Massachusetts case of Commonwealth v. Olivares, 30 Mass.App.Ct. 596 (1991) the Massachusetts Appeals Court found there was no probable cause to search a residence where there was no specific information in an affidavit connecting the defendant’s residence to drug sales except observation of the defendant departing from the house and going to his place of business where a controlled buy occurred. If that is the situation here then Prudeaux has a chance to have the search suppressed.
The Law Offices of Stephen Neyman defends Drug Charges on Cape Cod, other areas in Massachusetts and throughout the country. The lawyers in his office are thoroughly committed to defending the rights of the accused. Our lawyers are tireless and will fight to see that all of our client’s rights are protected. Call us now at 617-263-6800 or contact us online.