Articles Posted in Drug Offenses

On Thursday, June 25^th of this year, Quincy police reported that they seized a large supply of heroin that a drug delivery service had been planning on distributing across various nearby cities. The heroin seized by law enforcement officials is said to be worth around $150,000. Quincy police, as well as state troopers and police officers from five other departments spread out across Quincy, Braintree, Randolph, and Brockton in an intense effort to seize the drugs contained in three different “stash houses” within the area. During the operation, police made four arrests, seized three separate vehicles, and found over $25,000 in cash along with the supply of heroin.

The Lieutenant Detective for the Quincy Police Department, Patrick Glynn, has said that the investigation stemming from these actions is currently ongoing, and that they also expect to make more arrests in relation to these events. He believes that if police enforcement is able to take away the key factors that drive these types of delivery services, it may halt wrong-doers in their tracks. Lt. Detective Glynn says that if they are able to take away the profits, product, and transportation used, then law enforcement officials will consider their efforts to be a success.

The group of individuals involved in this extensive drug delivery service was using the products for personal use, and they were also distributing the drugs in bulk to people who contacted them via specific phone numbers. Lt. Detective Glynn went on to say that in addition to the phone calls being placed for these drugs, there also appeared to be a lot of activity surrounding the home on Euclid Avenue in Quincy where they made their discoveries. This rise in activity prompted concern from neighbors in the area—neighbors who just wanted to see their street restored to what it had once been before a drug operation opened its doors nearby.

It is not a legal decision that is etched into the proverbial stone (if any are). It is not a decision by either the SJC or the United States Supreme Court.

It is a decision from Superior Court. It, though, seem consistent with the case about which Ian discussed with you last week. This case was not one of ours, though. I was just asked to comment on it by Massachusetts Lawyer’s Weekly for last week’s issue.

The facts of the case come from an interstate bus arriving at Boston’s South Station on July 14, 2014. This bus came from New York. Gregory Luperon (hereinafter, the “Defendant”) was a passenger on that bus.

The bus was greeted by four MBTA officers were at the dock waiting to conduct a random drug interdiction. While three officers waited outside, Detective Richard Sullivan boarded the bus and announced to the passengers that the vehicle had been selected for a narcotics check and that they would need to remain on the bus while luggage was unloaded from the hold for police dogs to conduct an open-air sniff.

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When it comes to marijuana, law enforcement has consistently used its odor, unburnt and burnt, as probable cause to search suspected criminals. However, since the possession of up to one ounce of marijuana was decriminalized in 2008, the criminal justice system has had to take a new look at what set of facts Police may use to justify a search and seizure. Whereas before decriminalization, law enforcement could justify a search of a vehicle based solely on the odor of marijuana. Today, if the police pull your vehicle over and smell marijuana, they cannot detain you unless they believe an actual crime is taking place. After 2008, law enforcement could no longer make the inference that marijuana equals criminal activity.

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Last week, we began discussing the issue of mandatory minimum prison sentences in drug cases. The Chief Justice of the Massachusetts Supreme Judicial Court himself has come out in favor of abolishing the statutes containing these penalties.

The District Attorney of Suffolk County, a political advocate for punishing crime in general disagreed.

While one would assume that I would tend not to be of the same opinion as DA Conley, one has to admit that both men have been around the Massachusetts criminal justice system for a long time.

So have I, although the second half of the 1980’s found me as a prosecutor in Brooklyn, New York.

It was the time of the crack, cocaine explosion. At least in Brooklyn, it hit the criminal justice system like an explosion and created havoc.

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While the rest of us have been battling with snow, wagers on the Super Bowl and the like, Springfield’s law enforcement has been continuing its battle against Massachusetts drug crimes.

It has been relatively lucrative too. In Springfield, police recently confiscated over $22,000 in cash and over 2,000 bags heroin after arresting two local gentlemen.

Springfield Police Sgt. John Delaney announced that narcotics detectives had been conducting a criminal investigation into two alleged heroin dealers “who were responsible for distributing thousands and thousands of bags of heroin every week” across the area. Finally, toward the end of January, surveillance was set-up on one of the targets, identified as 49-year-old George Delgado (Hereinafter, “Target1”) of Springfield.

As I am writing this blog, the latest count is 380.

That would be 380 people enjoying and commenting on the happy news of Friday’s drug bust in Springfield. Holiday cheer abounds!

The comments are insightful and important too.

Springfield’s Jason Arias, 31 and hereinafter, the “Defendant” did not have a particularly good weekend.

He went into custody since he was the subject of a raid Friday night.

It was a rather successful drug bust for law enforcement. It reportedly resulted in the seizure of guns, cash, and a stash of narcotics valued at upwards of $300,000.

Did you know that Massachusetts law enforcement are allowed to arrest you for things they were not even looking for, but accidentally found while executing a search warrant?

The fact is, if the warrant allows them to be in a certain place, and they see something without violating the parameters of the warrant, it is fair game. Let’s say police officers rang your doorbell, told you they were looking for little Johnny and showed you the proper paperwork to search your home for him.

You, a regular reader of this blog, of course, let the officers in and do not challenge the warrant. Instead, you quietly call an experienced criminal defense attorney to ask for advice. While you are doing that, the officers a looking around.