Motions to Suppress
Successful Boston, MA Motion to Suppress Lawyer
Suffolk Superior Court
The client was a passenger in a car that was stopped for not having an inspection sticker. The police ordered the client and two other men from the car after seeing what they describe as “furtive gestures.” A large amount of narcotics, over 400 grams, was seized from the car. In addition, cellphones were seized and searched without a search warrant. Boston Drug Defense Attorney Jeff Miller files three separate motions to suppress.
Result: One motion to suppress allowed, the second motion to suppress is allowed in part and the third motion to suppress is denied.
Chelsea District Court
The client was charged with Felony Possession with Intent to Distribute a Class A substance, to wit: heroin. A police officer was surveilling the client’s residence and observed the client walk out of the house in the direction of another man who was known to police as a drug user. The officer observed the client reach into his pocket and pull his hand out in a clenched fist. The officer grabbed the client by the arm before he met with the other man. The other man stated that he had come to the area to “cop.” The officer knew from his training and experience this meant to but drugs. Chelsea, MA Drug Suppression Attorney files a motion to suppress.
Result: After full evidentiary hearing the Motion to Suppress is ALLOWED.
Chelsea District Court
The client was charged with Felony Possession of a loaded firearm and Possession with Intent to Distribute Marijuana within 300 feet of a school. Officers alleged they received information from a confidential informant that the client was selling marijuana from his home. The police conducted three controlled buys with the confidential informant. Officers applied for a two search warrants, one for the client’s apartment and one for the person of the client. When police executed the search warrant, they observed the client walking on the street in the area of the client’s home. Police stopped him and recovered a firearm from him. Massachusetts gun suppression lawyer Jeff Miller files a motion to suppress the search of both the client and his home.
Result: Motion to Suppress allowed as to the person of the client.
Boston Municipal Court
Roxbury Division
The client was charged with Felony Possession with intent to distribute a Class A substance, to wit: Heroin. Members of the Boston Police Drug Control Unit were working in the Humbolt Avenue area of Roxbury in an undercover capacity. Officers observed the client driving on Humbolt. While stopped in traffic, officers observe a man known to them for being involved with “firearms” enter the passenger seat. Officers follow the client and see him drop the man off after a short-period of time. Officers follow the client and see another man enter his car for a short-period of time and then exit. Officer believe their observations are what they characterize as a “meaningless ride.” They stop the client’s car and search him. They seize what is alleged to be heroin inside his pants. Boston Drug Suppression Attorney Jeff Miller files a Motion to Suppress the evidence as the search was unconstitutional.
Result: After hearing, the Motion to Suppress is ALLOWED.
Chelsea District Court
The client was charged with possession of Oxycodone. According to police, officers were surveilling an area known for drug activity in the City of Chelsea, MA. Officers were parked in a car in plain clothing. They observed the client drive into a parking lot and back into a space approximately two cars from the police officers. A short-time later, officers observed another car pull into the lot and park next to the clients’ car. The client exited the car and walked over to the front passenger seat of the second car. Officers observe some sort of exchange and the client exists the car a short-time later. The client returns to her car. A police officer approaches her car, knocks on the window and immediately asks her what she “just bought.” Fearful, the client did not answer. The officer asked her a second time. She stated she had purchased drugs. The officer ordered her to give him what she bought. Boston drug Defense Lawyer Jeff Miller prepares a motion to suppress the drugs and a motion to suppress her statements.
Result: After a hearing on the motion to suppress, the Motion to Suppress the statements is ALLOWED. After hearing, the Motion to Suppress the drugs is ALLOWED. Case dismissed.
Chelsea District Court
The client was staying at his brothers’ room in a rooming house in Chelsea, MA. The police received a call of three shots fired at the house (in the direction of the house, not inside the house). When they arrived, the police observed bullet holes through a window. Upon entry on the first floor of the house, the police determined the shots came from outside the house based on the fact the glass was broken into the apartment and also on the fact the slugs were recovered from the wall. The police ascend the stairs to the second floor to check for any persons that may be injured. After checking three bedrooms and finding no one injured, the police come to a fourth bedroom with a locked door. Officers o not hear anything inside the room. They call the fire department for the hailigan tool to break down the door. Upon entering the room, they observe the client and another man kneeling on the bed “holding back” two pitbulls. Officers interpreted this as the client was “protecting something.” Police search under the mattress and between the mattress and the boxspring observe a hole cut in the boxspring. Inside the hole they observe a piece of material. Inside the piece of material they feel an object, which they recognize to be a gun. The client is charged with a variety of firearm offenses that carried an 18-month mandatory minimum jail sentence. Chelsea Criminal Defense Attorney Jeff Miller files a motion to suppress. The motion is denied. Massachusetts Gun Defense Lawyer Jeff Miller files an Interlocutory Appeal. The Interlocutory Appeal is denied. Boston Criminal Defense Attorney Jeff Miller prepares for trial.
Result: On the day of trial, the Commonwealth files a Nolle Prosequi and ends the prosecution against the client.
Boston Municipal Court
Roxbury Division
The client was charged with possession with intent to distribute a class D substance. The Commonwealth alleged the police were in the stairwell of a housing project. The police heard voices and smelled burnt marijuana in the staircase above them. The police went up the steps and allegedly observed the client place a digital scale in a firebox. The officer also observed the end of a plastic bag sticking out of the client’s sweatshirt pocket. The officer observed a green leafy vegetable-like substance inside the plastic bag. The officer seized the bag from the clients’ pocket and placed him under arrest for possession with intent to distribute a class D substance. Boston Marijuana defense lawyer Jeff Miller prepares a motion to suppress the evidence arguing there was no evidence to infer the weight of the marijuana exceeded one ounce. Additionally, Attorney Miller files a motion to have the drugs present at the time of the hearing.
Result: After several continuances at the request of the Commonwealth, the client has his case continued without a finding for 3 months. No conviction, No loss of driver’s license.
Chelsea District Court
The client was charged with Operating Under the Influence of Liquor, second offense and negligent operation of a motor vehicle. The government alleged the client was involved in an accident with a USPS truck as the truck pulled away from the curb after collecting the mail. The client stopped and exchanged information with the Postal worker. The postal worker called his supervisor who arrived about 10-15 minutes later. The Supervisor testified he smelled alcohol on the client’s breath and that the client was irritated. The Supervisor called police. An officer arrived about 10-15 minutes later and remained on scene for another 10-15 minutes. After the Supervisor called police, the client went home. The police officer went to the client’s home and observed him to walk with a stuttered step, noted his eyes were bloodshot and glassy and that he smelled alcohol on the client’s breath. The officer also removed a steel water bottle containing beer from the client’s coat pocket. The Police officer asks the client to perform field sobriety tests. Initially, the client agrees. Before beginning the field sobriety tests, the client changes his mind. The client states he doesn’t think he should have to perform the field sobriety tests. Massachusetts Suppression Lawyer Jeff Miller files a motion to suppress the statements refusing to perform the field sobriety tests.
Result: Motion to suppress statements refusing the field sobriety test ALLOWED. The case proceeds to a jury trial.
Result: NOT GUILTY.
Chelsea District Court
The client was charged with, inter alia, Felony Possession with Intent to Distribute Crack Cocaine. The government alleged the client was in possession of eight plastic bags of crack cocaine. The police seized the crack cocaine from the client based on the following observations. The police observed the client talking to a “known drug user.” The officer testified he observed the client make a “handshake gesture” with the “known drug user.” The encounter was otherwise nondescript. Believing they had witnessed a “hand-to-hand” drug transaction. The police approached the client and observed the clip of what the officer believed to be a knife on the clients front pocket. The police conducted a pat-frisk and seized the alleged drugs from the client. Chelsea Drug Suppression Defense Lawyer Jeff Miller files a Motion to Suppress based on an illegal pat-frisk.
Result: After hearing, Motion to Suppress ALLOWED. Case Dismissed.
Boston Municipal Court
Gun Court
The client was charged with illegal possession of a firearm, second offense. As a second offense the charge carried a mandatory minimum sentence of five years in state prison if convicted. Testing on the gun later revealed the gun was a starter’s pistol. This reduced the charges to possession of ammunition. The Commonwealth alleged a police officer observed the client showing “something” to two other men. The police observed the client put “something” into the car and close the car door. The incident occurred in a “high crime” area known for “gang activity.” The police approached the three men and pat-firsked them. The frisk of the the client resulted in the seizure of a lawful pocket knife. Next, the police informed the client his car was parked illegally. They ordered him to move the car or it would be towed. The client refused. Police attempted to open the car doors, which were locked, to no avail. Next, the police forcibly remove the car keys from the client and open the car. Under the pretext of an inventory search, the police observed the gun under the driver’s seat. Massachusetts gun suppression lawyer Jeff Miller files a motion to suppress and prepares for the suppression hearing.
Result: After the suppression hearing, motion to suppress is ALLOWED.
Boston Municipal Court
Roxbury Division
The client was charged with possession with intent to distribute marijuana and trespassing. The Commonwealth alleged Police observed him in the lobby of a housing development. The police approach the client and search him. The police allege 10 small plastic bags of marijuana are seized from the clients pockets. Boston Marijuana Criminal Defense Attorney Jeff Miller prepares a motions to suppress.
Result: On the day of the motion hearing, the Commonwealth converts the case to a civil offense and the client is fined $100. Trespass charge dismissed. The client has no criminal records from this case.
Chelsea District Court
The client was charged with possession of Class A and Class C. The client approached a police officer and informed him her car was missing. The officer radioed dispatch to see if her car had been towed. It had not. A few minutes later the officer observed the client chasing a car on foot. The officer radioed dispatch and several other officers stopped the car. The client and another man were ordered from the car. A subsequent search of the car resulted in the seizure of illegal narcotics. Chelsea Drug Defense Lawyer Jeff Miller files a motion to suppress challenging the search of the car.
Result: After hearing, Motion to Suppress is ALLOWED. Case dismissed.
Boston Municipal Court
Roxbury Division
The client was charged with Possession with Intent to Distribute a Class D Substance. The police observed the client sitting in a legally parked car with the windows slightly cracked. As police approach the car, they smell the odor of “burnt” and “raw” marijuana. The client produces a valid license and registration. Next, POlice order the client from the car. A subsequent search of the car results in the seizure of 10 small plastic bags of marijuana from the car door storage area. Roxbury Drug Defense Lawyer Jeff Miller prepares a motion to suppress based on an illegal exit order.
Result: On the day of the motion hearing, the prosecutor moves to dismiss the case.
Chelsea District Court
The client was orginally charged with multiple counts of drug trafficking. After further analysis, the weight of the alleged drugs was insufficient for trafficking. The charges are reduced to Felony Possession with Intent to Distribute. The client was stopped by a State Trooper for having an “excessively loud” exhaust system on his car. Chelsea Drug Defense Attorney Jeff Miller begins preparing the defense on the day of arraignment. Suffolk County Drug Defense Lawyer Jeff Miller gathers information about the car’s inspection. Chelsea Drug Defense Lawyer Jeff Miller interviews the mechanic responsible for inspecting the car for the last two years. Attorney Miller prepares for the motion to suppress the drugs seized from the unlawful search.
Result: After two day hearing, Motion to Suppress ALLOWED.
Chelsea District Court
Police respond to a report of breaking and entering. Upon arrival, the police observe the client walking in the area of the reported Breaking and entering. Immediately, the officer performs a protective pat-frisk for weapons. The pat-frisk results in the seizure of numerous tools. The client is charged with possession of burglarious instruments. Chelsea, MA Suppression Attorney Jeff Miller files a motion to suppress the tools based in part on the fact the officer did not have a reasonable belief the client was armed and dangerous.
Result: After hearing, Motion to Suppress ALLOWED.
Boston Municipal Court
Roxbury Division
The client was charged with Felony Possession of a Class B substance with the Intent to Distribute and doing so within 1000 feet of a school. The client was facing a mandatory minimum sentence of 2 years in the house of corrections. The Commonwealth alleged undercover police officers observed 3 men huddle together in a parking lot and exchange some unknown item. The officer followed 2 of the men to a local Laundromat. The officer testified he observed the client exchange an item with an unknown female. The officer also provided a detailed description of the woman and her movements while inside the Laundromat. The officer also testified he observed a knife in plain view in the client’s pocket before searching him. The officer performs a protective pat-frisk which produces a number of crack rocks. Roxbury, MA Drug Suppression Defense Attorney Jeff Miller investigates by visiting the laundromat the day after the incident. Attorney Miller secures crucial videotape relating to the incident and introduces in evidence at the motion to suppress hearing.
Result: After hearing, Motion to Suppress ALLOWED. Case dismissed.
Boston Municpal Court
Roxbury Division
The client was charged with 4 counts of assault by means of a dangerous weapon, to wit: a firearm, possession of a loaded firearm and discharging a firearm within 500 feet of a dwelling. The Commonwealth alleged the client drove up to an apartment complex, pulled out a firearm and said “who do I have to kill here,” then fired a shot into the air. Moments later a police officer drove by the area. The alleged victim stopped the officer, told her story, and pointed in the direction of the client. The officer stops the client. The client makes a statement without the benefit of a Miranda warning. No firearm is recovered. Boston, MA Statement Suppression Attorney Jeff Miller files a motion to suppress the statement. On the day of the suppression hearing, the Commonwealth does not object to the motion. Motion to suppress ALLOWED. Attorney Miller prepares for trial by interviewing 5 witnesses and retaining a gun-shot residue expert.
Result: On the day of trial, Prosecutor moves to dismiss the case.
Suffolk Superior Court
The defendant was charged with felony possession of a firearm. In addition, the government charged the defendant as a Level III Armed Career Criminal. This sentencing enhancement carries a mandatory minimum sentence of 15 years in state prison. Boston, MA Firearm Suppression Attorney Jeff Miller files a motion to suppress the firearm based on the fact the firearm was seized without reasonable suspicion or probable cause. Also, Attorney Miller challenges the Police order for the defendant to exit the car.
Result: Motion to suppress ALLOWED. Prosecutor enters Nolle Prosequi and ends prosecution of defendant.
Chelsea District Court
The defendant was charged with a variety of Felony Firearm offenses, Felony Possession with Intent to Distribute a class B substance and Resisting Arrest. In a fact intensive case, police seize the defendant’s bag and find 50 + crack rocks. The defendant is placed under arrest and transported to the police station. At the station, the police seize a firearm that is alleged to drop from the defendant’s pant leg. The booking video at the station captures the incident on video. Massachusetts Gun Suppression Attorney Jeff Miller files a motion to suppress all evidence. After a suppression hearing, the Judge ALLOWS the defendant’s motion to suppress.
Result: After hearing, Motion to suppress ALLOWED, Commonwealth appeals. Appeals Court affirms Judge’s Order ALLOWING the Motion to Suppress.
Chelsea District Court
The defendant is charged with Felony Carrying a Dangerous Weapon. The government alleged a police officer observed the defendant acting “suspiciously” in a “high crime” area. The officer noticed a bulge in the defendant’s jacket and performed a pat-frisk which resulted in the seizure of a knife. Chelsea, MA Dangerous Weapon Defense Attorney Jeff Miller files a motion to suppress contesting the legality of the pat-frisk.
Result: After hearing, Motion to suppress ALLOWED, case dismissed.
Chelsea District Court
The defendant is charged with 5 Felony counts of Breaking and Entering a Motor Vehicle with the Intent to Commit a Felony. The government alleged the police received an anonymous phone call stating there was a man in the neighborhood breaking into cars. The unknown caller gave a general description of the perpetrator. Police respond to the scene and observe the defendant walking about two blocks from the alleged break-ins. The time was about 4:00 a.m. The police officer testified that it appeared the defendant had something underneath his coat. The officer described it as bell-shaped. The officer performs a pat-frisk and seizes multiple GPS systems. Chelsea, MA Suppression Attorney Jeff Miller files a motion to suppress contesting the legality of the search.
Result: After hearing, Motion to suppress ALLOWED, prosecutor moves to dismiss case.
Chelsea District Court
The defendant is charged with two counts of open and gross lewdness and two counts of lewd, wanton, lascivious conduct. The government alleged the defendant was masturbating in his car on two separate occasions. The government tracks defendant down approximately two weeks after the incidents. The police call the defendant to the police station where the defendant provides a recorded statement. Chelsea, MA Criminal Defense Attorney Jeff Miller files a motion to suppress the statement based on the fact the statement was not voluntary. The motion Judge ALLOWS the motion to suppress in part.
Result: Probation, defendant avoids jail sentence.
Chelsea District Court
The defendant is charged with Felony Receipt of a Stolen Motor Vehicle and multiple counts of felony receipt of stolen property. The government alleged police received a report of a stolen car. The car was equipped with Lojack. Within 1 hour of the call, police tracked the car to the defendant’s address. As police were preparing to engage the defendant, the car backed out of the driveway. Numerous police officers stop the car and order the defendant from the car at gunpoint. Upon his exit, the defendant made statements inferring knowledge that the car was stolen. There was no other indicia of a break to the car. Massachusetts Motion to Suppress Attorney Jeff Miller files a motion to suppress several statements. Motion Judge ALLOWS the motion to suppress.
Result: On the day of trial, prosecutor moves to dismiss case based on allowance of motion to suppress.
Boston Municipal Court
Dorchester Division
The defendant is charged with Felony Possession with Intent to Distribute Illegal Narcotics. The government alleged the police were surveilling the defendant’s residence for drug activity. The police observe two separate people enter the residence and exit a short time later. Both individuals are stopped by police and in possession of narcotics. Both state they just purchased the drugs from a man inside the house. Police approach the house and enter without a search warrant. Certain drugs and drug paraphernalia is seized from the residence. Dorchester, MA Narcotics Suppression Attorney Jeff Miller files a motion to suppress.
Result: After hearing, Motion to suppress is ALLOWED. Case dismissed.
Chelsea District Court
The defendant is charged with Possession of a Class C substance. The government alleged a police officer observed the defendant and his co-defendant sitting inside a parked car. When the officer approached, the defendant bent down toward the floor. The officer ordered the defendant from the car, searched him and the car and seized narcotics. Chelsea, MA Drug Suppression Attorney Jeff Miller files a motion to suppress.
Result: After hearing, Motion to suppress is ALLOWED. Case dismissed.
Chelsea District Court
The defendant is charged with multiple counts including possession of illegal narcotics and carrying a dangerous weapon. The government alleged a police officer observed the defendant’s car to have an invalid inspection sticker. The officer stopped the car and seized a variety of illegal contraband. Chelsea, MA Criminal Suppression Defense Attorney Jeff Miller files a motion to suppress challenging the scope of the search.
Result: After hearing, Motion to suppress ALLOWED in part. On remaining counts, client admits to sufficient facts and avoids conviction.