September 13, 2013
- Steven Topazio wrote this May 5, 2014 at 3:57 am
The client, a 64 year old Army Vietnam War Veteran, was arrested for possession of heroin, was represented by Boston Criminal Defense Lawyer Steven J. Topazio. Attorney Topazio filed a motion to suppress to challenge the seizure of heroin and evidence found on his client. A motion to suppress is a formal, written request to a judge for an order that certain evidence be excluded from consideration by the judge or jury. Without the evidence of the heroin to use at trial, then the prosecutor will not have evidence to convict the client. According to the police report, the State Trooper saw the client leave his motor vehicle, enter a building in an area known for its high level of narcotics activity, and when the client exited the building within one minute, he was approached by the Trooper who stopped him and illuminated him with his flashlight. When the client recognized the Trooper as a police officer, the Trooper told the client to give up the drugs so you don’t make a scene. The client was charged with possession of heroin. Today, after arguing his motion to suppress, Attorney Topazio convinced the prosecutor that this warrantless search was not consensual, without probable cause, and violated his client’s rights. The court agreed and the case was dismissed.