Results 1 to 10 of 10

Hybrid View

  1. #1
    Join Date
    Nov 2011
    Posts
    4

    Default Tow Company Found Marijuana Resulting in Police Search

    My question involves criminal law for the state of: Massachusetts

    Hello All!

    I have an intriguing one for you, as with the recent change of laws in MA, especially concerning decriminalization of less than one (1) ounce of marijuana, and the odor of fresh or burnt marijuana NOT being probable cause for search of a vehicle.

    A car is towed from a private place simply to clear a lot, the private tow company opens the car and apparently searches it and discovers 2 small bags (~3 grams each) of marijuana in the closed center console. They contact the police.

    It is unclear at this point whether or not the tow company delivered the marijuana to the police directly, or the tow company informs them and the police entered the vehicle in the tow yard, opened the center console, and discovered the marijuana.

    The police then confiscate the marijuana, no arrest is made, and then file a complaint for possession with intent to distribute a class D substance, days later. They say this because of the multiple bags, and that they were "labeled".

    So, experts, in the state of Massachusetts:

    Was there probable cause for the police to search the vehicle at the private tow yard based on the hearsay of the tow workers, without a warrant?

    If the marijuana was directly handed to the officers by the tow yard worker, is it permissable, considering it was not obtained from the defendant's car directly?

    How sustainable is the intent charge in this instance, considering the small amount of marijuana (significantly less than one ounce, yet 2 "labeled" bags)?

    Basically the gray area here is the tow company's involvement.

    It is unclear whether or not to move for dismissal/suppression+dismissal or to try and downgrade to a civil infraction, or both.

    I look forward to hearing everyone's input!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Massachusetts Marijuana Possession Illegal Search and Seizure with Tow Company

    The facts do matter - and you apparently don't know them - but from what you've stated the police had probable cause and, if they chose to do so, could easily have obtained a warrant.

    You can discuss with your lawyer, based upon the full facts and your prior criminal history, whether or not the prosecutor is apt to stop trying to classify the case as possession with intent.

  3. #3
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Massachusetts Marijuana Possession Illegal Search and Seizure with Tow Company

    I suppose it's possible the tow company would be committing a crime by not reporting the marijuana.

  4. #4
    Join Date
    Nov 2011
    Posts
    4

    Default Re: Massachusetts Marijuana Possession Illegal Search and Seizure with Tow Company

    i appreciate your responses, but please remember, in the state of massachusetts, under 1 ounce of marijuana is simply a civil infraction, and even its aroma is not probable cause for search.

    they did not obtain a search warrant. the officer entered the vehicle in the tow yard and retrieved them from the closed center console. i believe this should be grounds for suppression, yes? or is the fact that it's in the private tow yard, the tow yard's authority to grant them entry to my vehicle?

    before you so callously dismiss this, as you have, with your preconceived opinions toward marijuana, realize that in our state we have voted that small quantities is nothing more than a $100 ticket, for good reason, as I am an upstanding tax-paying member of society with a six-figure salary that prefers an herb to alcohol, and it is not illegal in this state to do so for personal use.

    by not obtaining a warrant before entering my vehicle in the tow yard, is that improper procedure and grounds for suppression of evidence/dismissal?

    what makes you say they had probable cause? the hearsay of the tow yard employee alone? elaboration is necessary to back up your statement, thank you.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Massachusetts Marijuana Possession Illegal Search and Seizure with Tow Company

    This is not a case of infraction-level simple possession. It is a case of "possession with intent to distribute a class D substance".

    The entry was not predicated upon the impression of the smell of burnt marijuana. It was predicated upon an eye witness stating, "When I entered the vehicle to do [x] I found drugs." The distinction is not subtle.

    You are free to argue with your lawyer that the police lacked probable cause to seize your drugs. You aren't helping us a bit when you tell us that you don't know whether the police entered the vehicle to seize the drugs or if the tow service gave them the bags, versus claiming "the officer entered the vehicle in the tow yard and retrieved them from the closed center console". The facts are what they are, and you need to give us a single, accurate version.

    When you have the facts from the police report, share them. Until then, we're all guessing.

    You are simply mistaken in suggesting that I'm somehow unsympathetic to the laws of your state and your love of the 'herb'. I choose not to partake, myself, but given the catastrophic war on drugs and associated blowback I would favor nationwide legalization. What you're sensing perhaps reflected by the old saying, "The law is a harsh mistress." She doesn't care.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Massachusetts Marijuana Possession Illegal Search and Seizure with Tow Company

    It's highly likely here that a warrant wasn't necessary. The tow company was in legal possession of the car. The tow company had already found the marijuana. That is likely all the police needed to continue looking.

    As Bullwinkle said, you're lawyer is in a much better position to review all the facts in a case of this magnitude.

    1. Sponsored Links
       

Similar Threads

  1. Paraphernalia: Drug Paraphernalia Found in Car After Police Stop, Search
    By ShaneWilkinson in forum Criminal Charges
    Replies: 5
    Last Post: 06-21-2011, 11:39 AM
  2. Search and Seizure: Illegal Search Resulting in Marijuana Misdemeanor
    By flashoverproof in forum Criminal Procedure
    Replies: 4
    Last Post: 06-13-2011, 12:07 PM
  3. Search and Seizure: Evidence Found Before Consent for Search
    By billygruffsr in forum Criminal Procedure
    Replies: 2
    Last Post: 12-05-2009, 10:42 AM
  4. Search and Seizure: Probable Cause, Traffic Stop Resulting in Search
    By gotogirl in forum Criminal Procedure
    Replies: 6
    Last Post: 02-19-2009, 10:00 AM
  5. Search and Seizure: Evidence Found Through A Body Search
    By gajdouglas in forum Criminal Procedure
    Replies: 4
    Last Post: 12-03-2006, 10:30 PM
 
 
Sponsored Links

Legal Help, Information and Resources