Criminal complaint alleging possession of cocaine in violation of MGL c 94C § 34 was dismissed by way of motion prior to trial.

• Steven Topazio wrote this July 3, 2018 at 8:55 pm

The client was arrested for cocaine possession after Chelsea Police responded to a report of a past assault with a deadly weapon.  A description of a motor vehicle was given as well as the number of suspects that were involved in the alleged assault with a firearm.  The client was the back seat passenger in the motor vehicle stopped by police.  The police ordered the three occupants out of their vehicle and frisked each of them for weapons.  No weapons were found.  The vehicle was thereafter searched for the possible firearm alleged to have been shown in the initial incident but again no firearm was found.  While searching the motor vehicle however, the police located what they believed to be a possible hide in the area of the steering wheel.  In the hide the police located a clear plastic sandwich baggy containing cocaine.  All three parties were arrested and charged with possession of cocaine.  Attorney Topazio challenged the complaint and moved to dismiss the charges arguing that under the circumstances the Commonwealth could not prove that his client as the back seat passenger had knowledge of the drugs nor exercised dominion and control over them in the steering wheel hide and the court agreed allowing Attorney Topazio’s motion dismissing the complaint prior to trial.