Boston Criminal Lawyer Blog
This seemed like a fitting blog to post after the three-part series on drug possession. A young gentleman from Braintree is alleged to have kept a virtual treasure-trove of marijuana and evidence of intent to distribute in his car. Detectives found the car. Now, one would imagine, he has found a criminal defense attorney.
The arrest of Braintree’s 19 year-old Paul M. (hereinafter, the “Defendant”) actually took place on Wednesday. It was the result of a two-month investigation into what law enforcement believed to be drug trafficking.
Braintree Deputy Police Chief Russell Jenkins said detectives found an undisclosed amount of marijuana inside the vehicle, as well as scales, plastic bags, drug paraphernalia, other evidence of drug sales and $1,750 in cash. The Defendant was charged with possession of marijuana with intent to distribute and was arraigned in Quincy District Court.
Attorney Sam’s Take:
Yesterday, we spoke a little about limitations on police searches.
This case brings up another aspect of that. For certain locations, such as automobiles, the law states that you have less of an expectation of privacy than you would, say, in your own home. Therefore, it is a bit more difficult to suppress items found in your car than that which is found in your home. Of course, as with most things in the law, there are various guidelines and exceptions to those guidelines.
It is unclear as to why the Defendant would have left such a bonanza in his car, simply parked on the road. It is also unclear as to where the goods were found. For example, if they were found in the trunk there are different issues involved than if they were simply set in the back seat in plain view.
It is also unknown as to what brought the detectives to the car. If the car seemed to be abandoned or parked in an illegal spot, then they probably had the right to tow the car and potentially the right to perform what is called an “inventory search” on the car. Yet, if the car was parked legally outside the Defendant’s home, it is a different situation.
We do know that there was a two-month long investigation going on, though. This means that the detectives probably knew it was the Defendant’s vehicle and may have even had a search warrant.
Searches pursuant to a warrant can also be challenged, but it is an entirely different procedure.
One wonders if the Defendant had any idea he was being investigated. However, it does bring home a message repeated often in this blog. If you believe you are being investigated for a crime, it is time to seek out an experienced defense attorney who can advise you as to your rights and help you safeguard them should an arrest occur.
If you believe you are being investigated, or if you have actually been arrested, and wish to discuss the case with me, feel free to call me at (617) 206-1942.
For the full article underlying this blog, see http://www.patriotledger.com/news/x737690607/Braintree-man-19-faces-drug-charge
