June 12th 2013
Drug, Possession to Distribute Class B Chapter 94C Section 32A (a)
Client was a retired US Air Force officer with over twenty year of service. Client had been attempting to assist his girlfriend’s daughter in her struggle with drug addiction. Client and girlfriend were making attempts to detoxify daughter and purchased drugs so they could monitor her detoxification. While they were picking her up at a drug house, police surprised the group and arrested all three. The police based their arrest on the High Crime Area where they were, statements made, and an admission of drugs in their possession and other factors. Despite the reasons for being there, the police were not interested in any reduction of the charge. Attorney Barabino sought a full evidentiary hearing to challenge the constitutionally of the arrest. Today, the court issued their legal analysis indicating that Attorney Barabino’s argument was correct and that the drugs could not be used in the prosecution of the case---meaning the drugs seized were “suppressed”, or thrown out. Case Dismissed.
RESULT: Motion to Suppress ALLOWED, CASE DISMISSED.
