Articles Posted in Drug Crimes

In a non-precedential case, the Massachusetts appellate court considered a case involving marijuana transportation from New York to homes in Massachusetts. There were many vehicles and people involved in transporting it. The Commonwealth applied for and received two search warrants in connection with the contraband. The affidavit it submitted was based on information from a confidential informant developed in collaboration with the New York State police. Because of the warrants, the police were able to discovery and seize large amounts of marijuana, firearms and a huge quantity of ammunition.

One of the people involved was indicted for trafficking in marijuana and conspiracy to traffic. After he was indicted, he filed a motion to suppress evidence seized pursuant to the warrants. A judge denied the defendant’s motion and he appealed.

The appellate court affirmed the ruling. It explained that the inquiry involves the affidavit attached to the application for the warrant. The affidavit has to contain enough information that (1) the issuing magistrate would be able to determine that items sought by the search warrant were related to criminal activity that was being investigated and (2) that the items were expected to be located in the place covered by the warrant.
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When a police officer seeks a wiretap to obtain evidence against someone suspected of illegal activity and a prosecutor tries to use that evidence, certain rules must be followed. A recent case arose after a defendant was convicted of drug and firearm charges in connection with wiretap evidence. The police started investigating him for drug dealing in 2009, using various surveillance tools including a GPS tracking device on his car and following him. These methods didn’t provide enough information so the officers applied for a wiretap under G. L. c. 272, § 99 to wiretap the defendant’s two cellphones.

The officers attested to their prior investigation efforts and stated that they wouldn’t be able to figure out the scope of the defendant’s drug dealing otherwise. The court granted their application, permitting them to start in July and granting them an extension. They arrested the defendant in August and charged him.

The defendant filed a motion to suppress the evidence obtained from the wiretap, which was denied. At trial, the jury came back with a mixed verdict. He appealed the decision on the motion to suppress. The appellate court explained that a warrant permitting a wiretap is only appropriate if the applicant can demonstrate that ordinary investigative procedures were tried, but failed.
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The double jeopardy clause of the Fifth Amendment of the United States Constitution states that nobody can be placed in jeopardy twice for the same criminal offense. In other words, it prohibits duplicative convictions — more than one conviction for the same course of conduct. However, not all cases in which there are multiple charges for the same set of facts violate this prohibition.

A recent appellate case illustrates how this constitutional prohibition against double jeopardy works in Massachusetts. The case arose out of a defendant’s conviction for conspiracy to violate drug laws, which was entered as part of a plea, and his conviction for distribution of cocaine. The defendant argued these two convictions arose out of the same facts and were essentially punishing the same offense.

In this case, an informant had infiltrated a narcotics distribution ring. He contacted Wisdom Ellerbee to buy cocaine. Ellerbee told him a place where they could meet to finish the sale. The informant went there and Ellerbee drove up. The defendant was in the front seat next to him.
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Drug sale and distribution charges in Massachusetts can be treated more harshly based on factors other than the type and amount of drug in question. The context of the sale or distribution can make a big difference. For example, a “school zone violation” is a sentencing enhancement for people who commit drug crimes beyond mere possession. A school zone violation requires the court to impose a mandatory minimum term of incarceration that begins only upon the expiration of the sentence for the drug crime with which it is associated.

The recent appellate decision Commonwealth v. Bradley considered an amendment to the school zone violation law. The case arose when the police received a search warrant in 2010 to search the defendant’s dorm room, where they found marijuana. The dorm room was about 700 ft. from a preschool. Accordingly, the defendant was charged with possession of a class D substance with intent to distribute within 1000 feet of a preschool facility (a school zone violation.)

Two years later, the governor signed a bill that reduced the radius of the school zone from 1000 to 300 feet. The defendant’s case had not yet been adjudicated. He asked for his school zone violation to be dismissed, since his actions were committed 400 feet outside the school zone as described in the amendment. He argued that the change in the law should apply retroactively to cases that had not been decided before 2012.
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The Supreme Judicial Court of Massachusetts recently reached a decision regarding the application of mandatory minimum sentences to defendants who are caught in the middle of sentence reduction law changes.In the case, Commonwealth v. Galvin, Mass: Supreme Judicial Court 2013, the court examined the case of a defendant who was caught in the middle of changes made to G.L. c. 94C, § 32A (d) (§ 32A [d]), which was reduced effective August 2, 2012.

In the case, the defendant had allegedly committed the offense prior to the date that the law changed, but both his conviction and sentencing occurred after the change. The affect of the law was to lower the mandatory minimum sentence from five to 3 1/2 years.
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Freetown police responded to an alarm that was set off inside of a GM car dealership at 12:44 a.m. Saturday, and instead of encountering the potential intruders, discovered some 31 pounds of marijuana.When officers first arrived, they said they saw an open door, through which they entered, sweeping the store for intruders. While inside the dealership, officers noticed several large plastic bags on a shelf and bookcase, all of which contained marijuana.

Police then secured the building while one detective obtained a search warrant. The officers then seized the marijuana, and a camera system. After reviewing the video footage, officers saw two intruders, which they say can be seen running from the scene, carrying no items. Police questioned and then later arrested the owner of the dealership whom they suspect intended to distribute the drugs.
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A Winthrop auxiliary police officer was arrested earlier this month on suspicion of dealing drugs while on duty.

According to sources, the suspect sold cocaine not only from his police car, but while he was parked within a school zone, amongst other locations. Federal law enforcement officials reportedly followed him for six months, following a tip from a local police department.

The man was reportedly an unpaid volunteer auxiliary police officer for a year and a half prior to his arrest.
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Boston Police executed a sting operation last Friday night, which led to the arrest of two men accused of dealing “Molly” in South Boston.

According to a statement from police, officers arranged to meet a man at 150 Northern Avenue in order to purchase purchase 1.5 grams of “Molly” (a concentrated form of MDMA) for an undisclosed amount of money. At the chosen meeting time, two men arrived in a pickup truck. The passenger exited the vehicle, entered the establishment, and made a call to inform the “buyer” to meet him inside. Officers then entered the business, and identified themselves to the suspect as Boston Police.

The suspect then tried to put something from his hand into his mouth, an officer grabbed his arm, and a small plastic bag containing a white crystal like substance (believed to be “Molly”) fell to the floor.
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