A Hyde Park man was arrested in Lynn early yesterday morning for allegedly dealing drugs on Washington Street in Lynn, and within a school zone. Wilford G. Wright, 41, was arrested by Lynn Police Officers early Thursday morning and charged with Possession with Intent to Distribute Cocaine; School Zone Violation; Assault & Battery on a Police Officer; Resisting Arrest; and Trespassing.
Lynn Police Officers alleged that Wrigth was standing in a doorway and allegedly conducting a drug transaction with 2 other men. As the Lynn Police Officers approached, Wright allegedly tucked something in his pocket and walked into the building.
Despite several requests from the police to stop, Wright ignored them and only stated "I'm just going to my friend's apartment." Ignoring officers' commands, a Lynn Police Officer physically grabbed Wright and attempted to pat frisk him. At that time, he tried run away from the police and in so doing, pushed one of the officers.
Ultimately, Wright was pepper-sprayed and eventually subdued. After searching Wright, Lynn Police Officers discovered two bags of crack cocaine, a knife, and $73. After his Arraignment in Lynn District Court, Wright was held on $25,000 cash bail.
Despite what may appear to be a strong case for the prosecutor, these facts actually call into question whether the Lynn Police Officer's acted lawfully and with the requisite reasonable suspicion in believing that Wilford Wright was involved in criminal activity.
The Fourth Amendment of the United States Constitution guarantees every citizen to be free from unreasonable Searches and Seizures. In other words, the police must have at least reasonable suspicion, based on specific information, that the person they 'seize' has committed or is about to commit a crime. Without that reasonable suspicion, a police officer cannot lawfully order someone to submit to their commands to stop.
Wilford Wright should most certainly challenge the officer's actions by filing a Motion to Suppress. Although the officers might have had a 'hunch' that Wright was engaged in a drug deal, a 'hunch' will not justify an arrest. It does not appear that the officers saw any drugs or money being exchanged, concealing something in his hands, or otherwise acting suspiciously. Well what about that he immediately turned the other way to go back into the building when he saw the police you might ask? ...he has every right to do so - and without additional evidence or suspicion of criminal activity, that someone walks away at the sight of police approaching will not justify an arrest.
Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons against Drug Crimes, including Possession with Intent to Distribute Drugs; Drug School Zone Violations; as well as Crimes of Violence, including Assault & Battery on a Police Officer.
To schedule a Free Consultation with a Boston Drug Lawyer, Contact Us Online or call 617-325-9500.