The Supreme Judicial Court has ruled that the marijuana, cocaine, and psilocybin mushrooms allegedly discovered in the dorm room of two Boston College students in 2007 cannot be used as evidence in the Massachusetts drug case against them. John Sherman and Daniel Carr face charges of cocaine trafficking, possession with intent to distribute marijuana, and possession with intent to distribute psilocybin mushroom.
The ruling by the state’s highest court is in agreement with a Superior Court judge’s ruling that prosecutors failed to meet their burden of proof that the two students had given their consent to campus police that their room could be searched. The SJC’s decision overturns the ruling by the Massachusetts Appeals Court, which found that police were within their rights when they conducted the search.
According to Superior Court Judge Linda E. Giles, although prosecutors claim that Carr and Sherman gave their verbal consent to the search, officers have since then given conflicting testimony about what was said that night. The SJC has noted that while the two students signed the part of the consent form that acknowledged the waiving of their Miranda Rights, they did not sign the portion of the form that gave their consent to the search. The court said that even if Carr and Sherman had given their consent, there would still be questions regarding whether or not the granting of this permission was voluntary.
Massachusetts Drug Crimes
Massachusetts drug possession with intent to distribute is a very serious criminal charge. The type of drug involved and whether or not you have any prior drug offenses or convictions can determine the seriousness of your sentence if convicted this time.
An experienced Boston drug crimes law firm can defend you against any charges. There may be reasons why the evidence against you should be suppressed or thrown out. For example, you may not have been read your Miranda Rights prior to making any statements or police may not have probable cause to search you.
SJC ruling tosses out evidence in BC students’ drug case, Boston.com, November 18, 2010
Court: BC police didn’t get OK for dorm search, Boston Herald, November 17, 2010
Related Web Resources:
Fact Sheet on Massachusetts Sentencing Laws, FAMM (PDF)