Drug Crimes

United States Supreme Court Throws a Wrench in “Attenuation Doctrine” in Search & Seizure Case

Published on: June 23, 2016 | by Lefteris K. Travayiakis, Esq.

The United States Supreme Court, in a decision concerning the lawfulness of a stop and search of a man, founds grounds to justify the arrest of the person despite ruling that the police officer violated the man’s constitutional rights by stopping him in the first place. The decision, issued in Utah v. Strieff, is disturbing because it expands the scope of where unlawful police action might be negated where other circumstances, not known at the time of the unlawful police conduct, become known.

The facts of the case involved a drug investigation of a house in Utah, where the police had received an anonymous tip of “narcotics activity.” Police conducted “intermittent” surveillance of the home where they observed visitors who had left a few minutes after arriving. One day, they observed this particular defendant leave the home and walk to a nearby convenience store. A detective approached him and asked him what he was doing at the home and requested the man’s identification. Continue Reading ›

Massachusetts Appeals Court Uphold Suppression of Drug in Unlawful Boston Police Search & Seizure

Published on: July 31, 2015 | by Lefteris K. Travayiakis, Esq.

The Massachusetts Appeals Court recently rejected the Commonwealth’s appeal from the suppression of drug evidence by the trial court, holding that the judge properly suppressed the drugs seized from the defendant because the Boston Police conducted an unlawful search and seizure of his person.

In the case of Commonwealth v. Johnny Evans, the defendant challenged the stop by the police and claimed that he was subjected to an unlawful search and seizure, despite the recovery of cocaine. The judge who heard the defendant’s motion to suppress agreed, ruling that the stop was unconstitutional, and suppressed the cocaine.

Massachusetts Drug Violation Applies Only to “Public” Playgrounds

Published on: December 2, 2014 | by Lefteris K. Travayiakis, Esq.

The Massachusetts controlled substance laws punishes with enhanced penalties those persons who violated the drug laws for the sale or distribution of drugs within 100 feet of a “public park or playground”. This week, the Massachusetts Appeals Court ruled that a defendant cannot be criminally liable if he distributes drugs within a park or playground that is NOT “public”, even if it is accessible to members of the public.

In the case of Commonwealth v. Gopaul, the defendant was convicted for selling marijuana to an undercover police officer within 100 feet of an outdoor playground at the Windsor Meadows Apartment Complex, a private apartment complex in Marlborough, Massachusetts. The playground was not fenced in and, arguably, anyone could enter the playground.

The defendant challenged his conviction after trial, arguing that the Drug Distribution Near School Zone, Park or Playground Statute in Massachusetts General Laws Chapter 94C, section 32J, applies only to “public” playgrounds, not those that are on private property. Continue Reading ›

Odor of Unburnt Marijuana Does Not Provide Police Probable Cause to Search Car

Published on: October 1, 2014 | by Lefteris K. Travayiakis, Esq.

In the case of Commonwealth v. Overmyer, the Massachusetts Supreme Judicial Court considered whether the smell of ‘unburnt marijuana’ provides police officers with probable cause to believe there is more than (the legal) one ounce to justify a search of the car without a search warrant. The court ruled that, no, the mere smell of unburnt marijuana does NOT justify a search.

In this case, police officers responded to a motor vehicle accident. On scene, the officers smelled “a very strong odor of unburnt marijuana near” the defendant’s car. In response to questioning by the police officers, the defendant admitted that marijuana was present in the car and gave the keys to the glove compartment to the police. Inside, there was a “fat bag” of marijuana. Because the odor of unburnt marijuana persisted, a further search was conducted and more marijuana in a backpack in the backseat.

As a result, this defendant was charged with possession with intent to distribute a class D substance and school zone violation.

Boston Man Charged with Drug Dealing in Weymouth

Published on: September 8, 2013 | by Lefteris K. Travayiakis, Esq.

A 20 year old man from Boston was arrested this past Thursday on Massachusetts Drug Charges in Weymouth. He was charged with Drug Distribution, Possession with Intent to Distribute a Controlled Substance, Conspiracy to Violate the Drug Laws, and Resisting Arrest.

According to the Weymouth Police Department, the defendant was alleged to have engaged in a drug transaction with a Weymouth man at a home on Pierce Road. That man was arrested on similar drug charges. Police had received tips about alleged drug dealing at that address.

One of the most important steps in defending any drug case is evaluating the specific facts and circumstances involving the person’s arrest. Anyone who has been the subject of a search to their person or property by police can challenge that search under the United States Constitution and the Massachusetts Declaration of Rights.

Passenger Entering Logan Arrested for Drug Trafficking After Cocaine Found in Wheelchair

Published on: December 25, 2012 | by Lefteris K. Travayiakis, Esq.

A man entering attempting to enter the country through Boston’s Logan Airport was arrested for Massachusetts Drug Crimes Charges after 4 kilo’s of cocaine were found in his wheelchair.

According to the Suffolk County District Attorney’s Office, the passenger had a cast on his leg and was in a wheelchair, but airport security suspected he did not need the wheelchair for any medical reason. Security x-rayed the wheelchair and also drilled a hole in one of the chair’s tire, revealing approximately 4 kilograms of cocaine hidden in the tires and frame of the wheelchair.

Prosecutors also reported that the man was taken to Whidden Memorial Hospital and his leg with the cast was x-rayed. Doctors then told police that the man allegedly did not need a cast.

Undercover Boston Police Officers Arrest Quincy Man on Drug Charges

Published on: November 27, 2012 | by Lefteris K. Travayiakis, Esq.

Boston Police Drug Control Unit Officers arrested a man from Quincy and another from West Roxbury last week on Massachusetts Drug Crimes Charges.

Both men where arrested for Unlawful Possession of a Class A Substance, Heroin.

According to the Boston Police Department, officers were conducting undercover surveillance in the area of CVS in Roslindale, which they allege is a high drug transaction area. The officers reportedly recognized the Quincy man and followed him to West Roxbury, where he allegedly met another man.

Massachusetts Drug Lab Scandal: How Defendants Were Affected and What Can Be Done

Published on: September 28, 2012 | by Lefteris K. Travayiakis, Esq.

The Massachusetts Department of Health Lab in Jamaica Plain (William A. Hinton Drug Laboratory) was ordered shut down by the governor a few weeks ago when it was discovered that at least one of the chemists at the lab allegedly engaged in malfeasance and violation of protocol with drug samples in criminal cases. The drug lab handled several thousand drug samples seized from criminal drug arrests in multiple counties, including Suffolk County, Middlesex County (until 2009), Bristol County, Worcester County and Norfolk County.

By way of background, when the police seized drugs in criminal cases, the drugs were ultimately sent to the DPH drug lab for testing and confirmation that the substance was, in fact, the certain controlled substance it was thought to be. At the lab, each drug sample was analyzed by one chemist, whose results were then checked by another chemist.

As it turns out, one of the supervising chemists is alleged to have engaged in intentional violation of protocol by tampering with evidence bags; altering the weight of drugs; not calibrating the drug testing machines properly; and even altering drug samples so that they would test as drugs when they were not! This particular chemist, who was employed by the DPH drug lab in Jamaica Plain from 2003 to 2012, is believed to have been involved with as many as 60,000 samples and 182,000 criminal drug cases.

Norwood Police Arrest 3 on Massachusetts Drug Charges

Published on: August 1, 2012 | by Lefteris K. Travayiakis, Esq.

The Norwood Police Department last week arrested 3 men on Massachusetts Drug Crimes Charges who they claim to be key suppliers for drugs in the Town of Norwood.

The 3 men, one from Boston, Quincy and Fall River, were all arrested following a drug investigation with several ‘controlled drug purchases’ in Norwood that also led to a drug house in Randolph. All three men were charged with Drug Trafficking in Cocaine and Heroin and Conspiracy to Violate the Massachusetts Drug Laws.

Drug Trafficking in Massachusetts is defined as the knowing or intentional manufacture, distribution or possession with intent to distribute certain net weights of controlled substances. The penalties for a conviction for drug trafficking varies depending on the weight and the alleged substance.

Boston City Workers Charged With Massachusetts Drug Crimes

Published on: May 22, 2012 | by Lefteris K. Travayiakis, Esq.

Two Boston city employees were arraigned this morning on Massachusetts Drug Crimes Charges following their arrest last friday. Each were charged with Drug Distribution; Unlawful Drug Possession; School Zone Violation; and Conspiracy to Violate the Drug Laws.

According to the Suffolk County District Attorney’s Office, one of the city workers was employed as a Boston parking enforcement officer and the other, while the other was employed as a Boston crossing guard.

Boston Police were reportedly conducting surveillance when they allegedly observed the parking enforcement officer, while in uniform, enter a vehicle and then get out with his fist clenched. Police allegedly recovered two percocet pills when he was later stopped and searched.