Two Boston city employees were arraigned this morning on Massachusetts Drug Crimes Charges following their arrest last friday. Each were charged with Drug Distribution; Unlawful Drug Possession; School Zone Violation; and Conspiracy to Violate the Drug Laws.
According to the Suffolk County District Attorney's Office, one of the city workers was employed as a Boston parking enforcement officer and the other, while the other was employed as a Boston crossing guard.
Boston Police were reportedly conducting surveillance when they allegedly observed the parking enforcement officer, while in uniform, enter a vehicle and then get out with his fist clenched. Police allegedly recovered two percocet pills when he was later stopped and searched.
In cases such as these, it is critical that the defense scrutinizes the facts that the police purportedly relied upon in justifying their stopping and then searching anyone alleged to be involved in a drug transaction. A person charged with a Massachusetts Drug Crime will certainly want to consider challenging whether the police had reasonable suspicion or even probable cause to initiate a search. A successful constitutional challenge on these grounds could lead to the drugs and other evidence being 'suppressed' or thrown out, without which there might not be any evidence for the prosecution to go forward.