January 24, 2014

• Steven Topazio wrote this May 5, 2014 at 4:35 am

The client, a 31-year old restaurant employee, was arrested during the course of a routine motor vehicle stop. The police report indicates that after the client’s motor vehicle was stopped, State Police searched the client’s car after smelling an odor of marijuana and found a quantity of marihuana in a backpack, hired Boston Criminal Attorney Steven J. Topazio to defend him. Attorney Topazio filed a motion to suppress evidence arguing that following the decriminalization of less than an ounce of marijuana (MGL 94C § 32L), the mere smell of marijuana raises only an outside possibility that someone has more than an ounce in their possession to justify a search. The mere smell of marijuana Attorney Topazio argued, is not reliable evidence so as to establish that a party has more than an ounce on him so as to subject him to a search. Attorney Topazio argued that his client exhibited no characteristics of impairment therefore the trooper did not have probable cause to believe that the client was operating under the influence of marijuana so as to create probable cause to search. Since the client was not engaged in any type of criminal activity or presented a danger to the trooper or others Attorney Topazio argued that the search was not justified and the court agreed. Today Attorney Topazio persuaded the court to dismiss all charges against his client.