MOTION TO SUPPRESS ALLOWED
Possession to Distribute Fentanyl / Cocaine, Subsequent Offense; Barnstable Superior Court; Commonwealth v. A.R.; February 28, 2025.
A Massachusetts Parole Officer made entry into the Defendant's home and engaged in a search of both the home itself as well as the Defendant's belongings therein. It was alleged that, during the course of the search, the Parole Officer found a quantity of narcotics as well as paraphernalia consistent with the packaging and distribution of the narcotics. When the police arrived on scene, a struggle ensued and the Defendant was taken into custody. Ultimately the Defendant was arraigned in District Court and thereafter indicted in Superior Court on the charges of Possession with the Intent to Distribute a Class A Substance (Fentanyl), Subsequent Offense; Possession with the Intent to Distribute a Class B Substance (Methamphetamine), Subsequent Offense; and Possession with the Intent to Distribute a Class B Substance (Cocaine), Subsequent Offense.
Attorney Ciraulo drafted, filed, and argued a Motion to Suppress Evidence. Specifically, Attorney Ciraulo argued that the Parole Officer did not have the requisite reasonable suspicion to search the premises, the responding Police Officers did not have the requisite probable cause to search the premises, and the search warrant the officers obtained subsequent to the search was unlawful and constitutionally invalid. The Court agreed and the Defendant's Motion to Suppress Evidence was allowed.
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