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Commonwealth v. D.M.

Case Conclusion Date: 10.01.2011

Practice Area: Criminal Defense

Outcome: Trafficking charges dismissed

Description: Officers from the Worcester Police Department obtained a search warrant for the third floor of an apartment building where client resided. After the search warrant was executed, the Client was arrested and charged with trafficking in heroin and possession of cocaine with intent to distribute. At the time the client hired Attorney Longton, his attorney was insisting he accept the Commonwealth's offer of a Guilty plea and 2 1/2 year jail sentence. Client was soon referred by a former client to Attorney Longton. Attorney Longton hit the ground running and immediately conducted her own investigation; when she visited the apartment building and took pictures she quickly realized that the officers failed to mention a key fact in the Affidavit - namely that the client's "apartment" was really a rooming house, and thus occupied by multiple individuals. Armed with this new information, Attorney Longton filed a motion to suppress the narcotics. Attorney Longton was successful and convinced the Court that the search of the client's apartment was unconstitutional because the officers failed to identify the client's apartment with "particularity" as required by the law. All evidence was thrown out and the charges against the client were dismissed.

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