FIREARMS CHARGES DISMISSED - MOTION TO SUPPRESS ALLOWED
Carrying a Loaded Firearm without a License, Possession of Ammunition without an FID Card; Woburn District Court; Commonwealth v. J.L.; December 10, 2024
After observing the Defendant engage in a series of marked lanes violation and operating erratically, the Reading Police conducted a stop of the Defendant's vehicle. After engaging in conversation and making observations of the Defendant, the Police ordered the Defendant out of the car. During the course of the subsequent investigation, the police located within the vehicle a 9mm GLOCK handgun along with 9mm Luger ammunition.
Attorney Ciraulo drafted, filed, and argued a Motion to Suppress Evidence. Specifically, Attorney Ciraulo argued that the police violated the policies and procedures governing inventory searches, did not have the requisite probable cause to search the Defendant or his car, and did not apply for and obtain a warrant to search the Defendant or his car prior to the search. The Court agreed. The Motion to Suppress all of the firearm evidence was allowed, the Commonwealth had no evidence remaining to prosecute the case, and the case was therefore dismissed.
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