Massachusetts State Police conducted an investigation into drug activities at 193 Campbell Avenue in Revere during the month of July. They had information that Luz Ramirez and Alexander Uran, occupants of that address had been selling drugs. A Search Warrant was granted permitting police to search the home. Yesterday afternoon police watched as Uran conducted a drug transaction in his neighborhood. Apparently officers had seen Uran engage in this activity on multiple occasions during their investigation. Officers confronted Uran and advised him that they had a warrant to search his home. During the search officers located in excess of 14 Grams of Oxycontin a large quantity of cash and some Drug Distribution Paraphernalia. Uran was immediately arrested. During the execution of the Search Warrant Ramirez entered the dwelling. She too was arrested. The cases are currently pending in the Chelsea District Court. It is expected that they will be indicted and the prosecution will take place in the Suffolk County Superior Court in Boston. Charges of Trafficking Cocaine, Trafficking Oxycontin and Conspiracy are mentioned as being prosecuted in the article.
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From reading this article it appears that the success of the district attorney’s case will lie on several factors. The validity of the Search Warrant is always scrutinized by the Experienced Massachusetts Criminal Lawyer. Did the affidavit provide sufficient probable cause to enable the magistrate or judge to constitutionally issue a Search Warrant? Here is something else to look at. What did the police see and perhaps more importantly document during the course of their month long investigation? What was the individual involvement of the parties? What did Uran do? What did Ramirez do? Were the observations of the officers memorialized in any way; i.e. were they photographed or videotaped. Keep in mind, as I have mentioned in prior blog posts, simply being present when a search warrant is executed or living in a home out of which drugs are sold does not amount to proof that everyone living in the structure was actively involved in the crime. There must be more. The prosecution must show an intent and actual participation in some form before its case can be submitted to a jury. The article suggests that Ramirez did not more then live with Uran and that the two had some sort of relationship. This does not give rise to provable Drug Trafficking Charges in Massachusetts. I would be very interested in reading the police reports in this case to see what observations the officers made during their investigation that suggest in any way Ramirez’s criminal responsibility for these crimes.
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