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Convictions Reversed Based Upon Unlawful Police Entry Into Apartment During Execution of Arrest Warrant

JANUARY 13, 2014

Today, the Massachusetts Supreme Judicial Court (SJC) reversed a defendant’s two convictions on the grounds that both convictions were based on evidence that was seized by the police during an illegal entry into the defendant’s home to execute an arrest warrant.

In Commonwealth v. Gentile, a police trooper spoke with the defendant about one week prior to his arrest, and viewed the defendant’s identification card which listed the defendant’s address as an apartment in Leominster. The trooper later learned that there were two outstanding arrest warrants for the defendant. After he confirmed that the Leominster address matched the defendant’s address on his driver’s license, the trooper went to the apartment to execute the arrest warrants.

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Posted by Parker Scheer LLP | Permalink | Email This Post

Posted In: Civil Rights Attorney , Criminal Defense , Unreasonable Search and Seizure , Warrants

Drug Trafficking Conviction Reversed Based Upon Invalid Warrantless Search of Vehicle

JANUARY 6, 2014

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In many cases, the evidence obtained against a criminal defendant can and should be suppressed in court, based upon the police’s violation of the defendant’s constitutional rights in obtaining that evidence. Generally, if the police did not follow constitutional procedure, then a jury may not know about the evidence obtained as a result of the constitutional violation. A recent Massachusetts Appeals Court case illustrates this concept.

In Commonwealth v. Diaz, the defendant was convicted of trafficking cocaine in an amount of 28 grams or more, based upon two packages of cocaine that the police seized from the defendant’s vehicle during a warrantless search of the vehicle. Several months prior to his arrest, the police had obtained information from a confidential informant that the defendant sold drugs, including at a building where a business named Family Oil was located, and that he packaged drugs there.

The police observed the defendant’s vehicle parked behind the Family Oil building, located on private property, and entered the property. They saw the defendant exit the building and quickly place his jacket into his car and try to go back into the building. The police immediately seized and restrained the defendant. They then entered the building, searched the occupants, and found cocaine on two of them. Returning outside, the police searched the defendant’s vehicle, without a warrant to do so, and found two bags of cocaine.

Posted by Parker Scheer LLP | Permalink | Email This Post

Posted In: Cocaine Violations , Controlled Substances , Criminal Activity , Criminal Allegations , Drug Bust , Drug Dealing , Drug Offense , Drug Possession , Warrants