Articles Posted in Search and Seizure

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Just two days ago DEA agents from the Bristol County office executed a search warrant at 61 Sunflower Drive, the home of twenty four year old Matthew Alsen. After entering the premises police located Alsen in his bedroom. Supposedly, after inquiry Alsen told the authorities that the drugs were in a closet behind a nightstand. The officers then located a large quantity of marijuana and one hundred fifty six Percocet pills. At the same time officers from Raynham kept a surveillance of Alsen’s mother’s home. She eventually consented to a search of her home where the officers found over one hundred thousand dollars cash. Bail in the amount of five thousand dollars cash was set in the Taunton District Court where Alsen was charged with Trafficking Oxycodone and Trafficking Marijuana. The case will be prosecuted in the Bristol Superior Court in New Bedford.

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Pot, Oxycontin and $100,000 Cash Seized During Bristol County Raid

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For several reasons Alsen needs to hire an Experienced Massachusetts Drug Trafficking Lawyer immediately. While the charges are severe there may be some defenses to this case and with the right Massachusetts Criminal Defense Lawyer the potential damage might be minimized.

Trafficking Marijuana in Massachusetts

To satisfy the minimim for trafficking marijuana in Massachusetts the defendant, Alsen, must have possessed at least fifty pounds of the substance. The district courts have jurisdiction over this amount of marijuana and can sentence someone for up to two and one half years in the house of correction with only one year of that sentence being a minimum mandatory. Depending on the quantity of the marijuana and the oxycodone as addressed below, the future for Alsen might not be as bleak as the article seems to suggest.

Trafficking Oxycodone in Massachusetts

Oxycodone is a Class B substance in Massachusetts. As I have mentioned in several previous posts all trafficking cases in Massachusetts carry a mandatory minimum sentence. The length of the sentence depends on the quantity of the substance trafficked. In this case the prosecution is alleging that the 156 pills constitutes a weight that satisfies the element of weight for trafficking. They may in fact be wrong depending on the number of milligrams of each pill. If these were typical oxycodone pills they were eighty milligrams each. That would not amount to a trafficking weight.

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The Lawrence Eagle Tribune reports that a Lawrence Massachusetts man faces a minimum mandatory sentence of 10 years in state prison if convicted of charges stemming from a drug bust. Marcelo Perez, 48, of 210 Lawrence St., was charged with drug crimes including two counts of trafficking cocaine, two counts of unlawful possession of a handgun, two counts of unlawful possession of ammunition and possession of a dangerous weapon.

Three local authorities worked together focusing on suspected drug activity in the Dunkin’ Donuts parking lot on Main Street in Haverhill Massachusetts. Reports indicate that when he was arrested Perez had loaded .38 caliber pistol and 305 grams of cocaine in his jacket. With the assistance of the Tewksbury K9 unit, police discovered a hidden compartment in the back floor of Perez’s jeep. It has been reported that the authorties seized an additional 30.7 grams of cocaine another loaded handgun, a box of ammunition and a digital scale. Police estimated the street value of the cocaine at $6,500.

If you have been charged with any drug crime in Massachusetts, it is imperative that you have an experienced defense attorney on your side. Most drug arrests stem from a search that has been conducted by the police. Attacking the legality of the search is often times the first step to a successful litigation of a drug offense. Depending on the circumstances of the case, this is done by filing a motion to suppress evidence seized from a defendant, his or her car and/or his or her home or apartment. Our Attorney has successfully litigated these types of motions. If the evidence is suppressed the government is left without a case.

Based on the recent Supreme Court decision of Melendez-Diaz v. Massachusetts, it is imperative that a qualified defense lawyer attack any drug certificate that the District Attorney attempts to introduce in order to establish that the seized substance is in fact an illegal drug. The Supreme Court has indicated that the Commonwealth cannot merely introduce a drug certificate to prove that a retrieved product is contraband. Based on this new case law, in most cases, the Commonwealth is required to produe a chemist that examined the item and determined that is was an illegal drug. The Courts and the District Attorneys’ offices are scrambling to try to get around this requirement. If you find yourself facing drug charges you must have an experienced Massachusetts criminal lawyer on your side to fight for all of your rights.

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Just before midnight this past Sunday night a Massachusetts State Police officer pulled Corey Oliver over after observing him swerving in and out of traffic and committing several other Motor Vehicle Crimes. During the stop the Trooper found twelve pounds of marijuana in an undisclosed location in the car. Oliver was arrested and charged in the Newburyport District Court with Possession With Intent to Distribute Marijuana and Possession of Marijuana. Oliver was arraigned and held on ten thousand dollars cash bail.

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Marijuana Charges Issue For Maine Man Caught With 12 Pounds In Car

Ten thousand dollars cash bail seems pretty high for a case of this nature. Sometimes bail for out of state residents is set higher than it is for in state residents. There is often a fear that absent some incentive out of state defendants might not return to Massachusetts to defend their cases. Assuming Oliver has no criminal record or a minor record I would think the bail will be reduced after a bail appeal in the Essex Superior Court in Salem. I would not be surprised if he already posted bail.

The case itself suggests a couple of defenses. Constitutional issues come into play any time there is a seizure of evidence. A Motion to Suppress either the stop or the search of the car or both will likely be filed. It would be interesting to learn the location in the car where the drugs were found. If not in plain view then suppression of the drugs might be viable. If the drugs were in plain view why did the police refuse to disclose that in court? Other factors to consider are 1) was anyone else in the car with Oliver; 2) who owned the car; 3) what factors suggest that Oliver had knowledge that the drugs were in the car; 4) why would anyone with a large quantity of drugs drive in the manner Oliver did if he had knowledge that drugs were in the car? Any good Massachusetts Drug Lawyer would love to defend this case.

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Ryan Caverly is thirty one years old. He currently lives in Lynnfield, Massachusetts. He and twenty five year old Vincent Migliore of Everett were arrested on Monday. Both were charged with Trafficking Oxycodone Over 14 Grams, Trafficking Oxycodone Over 28 Grams and Conspiracy to Violate the Massachusetts Drug Laws. Adriana D’Alleva was also arrested on drug charges and charged with Trafficking Oxycontins. The district attorney is alleging that the defendants sold eight hundred oxycodone pills and one hundred ecstasy pills over the past few months to undercover police officers. Caverly is being held on five hundred thousand dollars cash bail, Migliore on two hundred fifty thousand dollars and D’Alleva on ten thousand dollars. It appears that the investigation might have started when Migliore was found in possession of eighty five thousand dollars at an Amtrak station in Chicago. During Caverly’s arrest police found thirty two thousand dollars cash, some drugs and drug paraphernalia. Migliore was found in possession of three hundred ninety nine oxycodone tablets at the time of his arrest. Right now the cases are pendint in the Peabody District Court however it is expected that the prosecution will take place in the Essex County Superior Court in Salem.

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Three From Massachusetts Charged With Trafficking Oxycontins

The facts of this article suggest that at least in Caverly and Migliore’s cases a Massachusetts Criminal Defense Lawyer will be looking closely at Search and Seizure issues. What prompted the investigation in the first place? Was it the seizure from Migliore in Chicago and if so, why did law enforcement seek him out? Was this a coincidental stop or did they have information suggesting that he was involved in illicit drug trafficking activity? The next question is how did that lead them to Caverly? Was he an active conspirator? And what is D’Alleva’s role in all of this? If the police investigation was questionable at any level motions to suppress will be filed. If successful these can result is exclusion of drug evidence at trial and possibly a dismissal of the case. It also seems strange that this case is being prosecuted in state court rather than in Federal Court particularly given what appears to be an active role of federal law enforcement in this investigation. Cases that have weaknesses from the prosecution’s viewpoint are rarely prosecuted in the Federal Courts. Perhaps this is good news for Caverly, Migliore and D’Alleva.

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According to the Brockton Enterprise a forty three pound package of Marijuana was shipped from the Midwest to a home in Pembroke, Massachusetts addressed to “Pembroke Little League”. There, Anthony Merlino of Falmouth, Massachusetts took possession of the package and loaded it into a truck. Police officers aware of the situation were surveilling the area. When Merlino loaded the package he was arrested. He now stands charged with Possession With Intent to Distribute Marijuana. The case is currently being prosecuted in the Plymouth District Court. Police provided little comment on the event suggesting that their investigation was still pending.

At first glance most Plymouth County Drug Crimes Defense Lawyers would suspect that this case implicates Search and Seizure issues. Here are some questions that immediately come to mind. Why was that location under surveillance? Obviously the police were tipped off to the possible existence of Drug Crime activity at that address. How reliable was the person who provided the information on which they were relying? In order to survive constitutional scrutiny and a Motion to Suppress the district attorney is going to have to show that the informant was reliable or that the information he provided was sufficiently corroborated to enable them to arrest Merlino. What do the police reports say about the duration of the investigation and the information adduced from the investigation? As a Massachusetts Criminal Defense Lawyer Who Handles Drug Cases I love the challenges cases like this bring. Please visit our Case Results page to see examples of some of the cases we have successfully defended.

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Many people applauded when the legislature “decriminalized” the offense of possession of marijuana that is one ounce or less. The new section changes possession of an ounce or less of marijuana from a criminal offense to a civil infraction and an offender receives a civil citation. For adults, this offense is now punishable by a $100.00 fine and forfeiture of the substance. However, if a person is under eighteen years old he or she must complete a drug awareness program. This program requires of a minimum of four hours classroom instruction or group discussion and ten hours of community service. A certificate of completion of the program must be filed with the Clerk of the local district court within one year of the offense or the offender may face higher fines and possibility a criminal charge. Furthermore, being charged with possession of marijuana can still be problematic and sometimes have legal consequences.

For example, it appears that many teenagers are looking at this offense as a “free pass” to smoke marijuana and drive — it is not. If an individual is “high” and driving he or she can still face charges of driving under the influence of drugs. Furthermore, even if someone is in possession of an ounce or less of the substance admitting that he or she shared a “joint” with a friend or gave some of the product to another can result in being charged with distribution of marijuana. Informing the police that he or she intended to share the drug can result in charges of possession of marijuana with intent to distribute. In the event that a search is conducted and scales, baggies, a large amount of money, razor blades and/or mirrors [items often used to package contraband for distribution] are found when an ounce or less is involved, the police will likely charge those involved with possession with intent to distribute marijuana. Make no mistake about it — these are serious criminal charges that carry the potential for jail sentences, license loss and have life altering consequences. If you are in the unfortunate position of being charged with distribution or intent to distribute marijuana within 1000 feet of a school zone you face the possibility of a mandatory minimum of two years in jail. Furthermore, if you are on probation and being drug tested, testing positive for marijuana may be a violation of your probation. Make sure you and your teenagers understand the pitfalls people have been facing by underestimating the teeth in this recent legislation.

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Joshua Medeiros and Kimberly Vasconcellos had been watched by police for several months after neighbors complained about suspicious activity at their Somerset, Massachusetts home. The officers set up surveillance and confirmed the neighbor’s complaints. They observed a pattern of cars pulling up to the home, someone entering the home and leaving after a short visit. Police also witnessed Medeiros meet with people just a short walk from the home and behind a neighboring school. They were able to set up a successful “controlled buy” with the help of an informant. With that information a search warrant was authorized. The search of the property yielded heroin, marijuana, marijuana plants and assorted drug possession and distribution paraphernalia. The couple has been charged with Conspiracy, Possession With Intent to Distribute Heroin and Marijuana, Possession of Drug Paraphernalia and Violation of the Massachusetts School Zone laws. Charges are now pending in the Fall River District Court.

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Search of Home in Somerset Leads Cops To Pot Plants, Drug Paraphernalia, Massachusetts Couple Charged

So what happens to Medeiros and Vasconcellos now? As with most drug cases the initial focus of the defense will be on the validity of the search warrant. There will likely be a challenge to the issuance of the warrant based on either the absence of probable cause in the supporting affidavit or the integrity of the facts stated in the supporting affidavit. If the challenge is unsuccessful the defense then might center on the sufficiency of the evidence to sustain the charges against one or both defendants. Factors to consider are the relationship between the defendants, the location of the drugs found in the home, the defendant’s habits as drug users, if any and more.

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Shortly before eight o’clock yesterday morning police arrested Fausto Garcia was arrested at his home in Haverhill, Massachusetts. Then, police obtained a warrant to search his home. They searched the premises and found one hundred forty grams of cocaine and more than twenty grams of heroin. Both quantities are sufficient to justify the charges of Trafficking Heroin and Trafficking Cocaine. In fact, that is exactly what Garcia has been charged with doing. The case is currently pending in the Haverhill District Court. No doubt the Essex County District Attorney’s Office will present this case to the grand jury and obtain indictments. Ultimately this case will be prosecuted in the Essex County Superior Court that usually sits in Salem. The newspapers state that weapons charges have been filed against Garcia as well.

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Haverhill, Massachusetts Man Present When Search Warrant Is Executed Gets Charged With Trafficking After Heroin And Cocaine Seized

So what does this mean for Garcia. Well he better hire an experienced Massachusetts Criminal Defense Lawyer who handles drug cases. He is looking at a minimum mandatory ten year sentence on the cocaine case and another five years on the heroin case. The sentences can be higher than this but usually when someone gets convicted of multiple drug offenses the sentence on the less severe cases runs concurrent with the sentence on the case requiring a greater minimum mandatory. Anytime I get a case like this one I immediately look to see if the defendant’s constitutional rights have been violated. If so, I filed a Motion to Suppress the Illegal Search and Seizure. Most of the time when these motions succeed the case gets dismissed. In this case it is critical to know what the police observed prior to arresting the defendant and what information they had, if any that drugs were in his home. It is also important to learn who else lived in the home and from what location in the home the items were seized. Sometimes these cases are triable as well, particularly where there is a strong suggestion that someone other than the defendant had possession of the drugs.

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Police in Quincy, Massachusetts were surveilling a parking lot at a supermarket this past Tuesday night. They saw two men arrive in a car and make a cell phone call. No one got out of the car. The car then left and went to a nearby Burger King. The police observed someone from another car get into the one they were watching. The police then descended on the vehicle and made arrests. They charged Gilbert Torres of Boston, the driver with Heroin Distribution. Robert Cefalo, the man who got into the car was charged with Heroin Possession. Michael Evans was charged with Knowingly Being Present Where Heroin is Kept as was Christopher Bates. The case is now pending in the Quincy District Court.

Four Massachusetts Men To Be Prosecuted For Heroin Crimes In Quincy

As with most drug cases the district attorney will have to fight a challenge to the constitutionality of the stop of the car. Massachusetts courts have made clear that just being in a high crime area is not enough to justify a stop. Nor for that matter is walking away from police officers. Similarly, if the area where the police observed the defendants is considered a high crime area that does not permit a stop and search of the car. What then did the officers in this case have for probable cause to stop the car? According to this article nothing but a hunch. That is not sufficient to permit the intrusion and without more would require suppression.

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Steven Reth of Western Avenue in Lynn, Massachusetts was just indicted for a Firearms Violation, specifically Gun Possession. The prosecution has alleged that in July of 2009 Lynn police responded to a call reporting gunshots. Upon arrival an officer observed a suspicious car that he followed for a distance. Reth later jumped out of the car and was pursued. Prior to his apprehension the police claim to have seen him toss an item that was later located. It was a handgun. The case is being prosecuted in the Essex County Superior Court in Salem. Reth has a felony record and has been convicted of several crimes in the past.

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Massachusetts Man Faces Gun Charges In Salem

In cases like this a Massachusetts Criminal Defense Lawyer would probably focus his defense on the constitutionality of the stop of Reth’s car. While following a suspicious car is not a violation of someone’s constitutional rights certain actions of the police might have been. Pulling the car over for no reason other than it appearing “suspicious” might result is suppression of the stop. The defendant pulling his car over and running would not give rise to probable cause to arrest without more. Reth may have some viable defenses to his case but search and seizure issues seem a more likely target for his lawyer.

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