March 07, 2012

• Steven Topazio wrote this April 27, 2014 at 2:31 pm

The client, a 27 year old musician with a Bachelors of Arts in music, was arrested after coming to Massachusetts form California, hired Attorney Steven J. Topazio to defend him. According to the police report, the Client was arrested after his reckless operation caused Boston Police detectives to effectuate a motor vehicle stop. When the Client could not produce a valid driver’s license, the police arrested the client for reckless operation and decided to tow the client’s motor vehicle instead of allowing his passenger to take it because it was a rental vehicle. When vehicles are towed at the direction of the police, the police are authorized to conduct an inventory search so as to safeguard the Client’s belongings. Instead of allowing the Client’s passenger to take possession of the client’s bag in the rear of the motor vehicle, the police decided to search it on the basis of a so-called inventory search prior to releasing it. Discovered inside the bag were multiple bags of marijuana weighing over a pound. When the Client was taken to the station for booking, he made a video confession that he possessed the marijuana with the intent of giving it to his friends that he owed money too. Attorney Topazio met with the prosecutor and argued that the marijuana was seized without probable cause. Attorney
Topazio pointed out that the Inventory Procedure neither directs nor authorizes the police to open a closed “container” that may be found in the vehicle. The Inventory Procedure provides that it must not be used as “a pretext for an investigative search. Attorney Topazio argued that there must be at least a showing that it was conducted for some legitimate purpose other than a search for evidence. Despite this argument the Client did not want to proceed with a motion to suppress as the expense of flying back and forth from California was a costly one for the client. Today, Attorney Topazio was successful in convincing the Commonwealth to dismiss all charges against his client on the condition that his client receive a CWOF on the sole count of possession with intent to distribute and receive administrative probation and be allowed to return to California unsupervised, and the Court agreed.