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!

