Possession to Distribute Class D Drugs in Fitchburg MA

Fitchburg District Court

Client a 24 year old male from Fitchburg, MA was charged with Possession to Distribute Class D and Carrying a Dangerous Weapon.

The client was pulled over in his vehicle by a member of the state police gang unit in Fitchburg.  The trooper pulled the vehicle over for having what he believed to be excessive tint on his windows.  In addition the trooper stated that the vehicle had just left a known drug distribution house, that the vehicle had recently been stopped for suspected drug distribution by the Fitchburg police, that the vehicle was in a high crime area for both violence and drugs and that there was a recent shooting in front of the area where the client’s vehicle just pulled away from.  Based on all of this information the trooper pulled the vehicle over.   Once the trooper engaged with the client he detected the strong odor of marijuana and noted that the client was a known associate of the local Bloods gang.  At that point the trooper ordered the client to exit the vehicle and conducted a search of the client and his vehicle.

The trooper discovered $500 cash on the client and $700 cash in the vehicle.  He also discovered 5 individually knotted plastic bags of marijuana, three cell phones, multiple air fresheners, a Digiweigh electronic scale, an open box of plastic sandwich bags and a Stiletto brand switchblade knife.

Attorney Damian Riddle filed a Motion to Suppress.  Through cross-examination of the trooper and argument of the relevant case law during the motion hearing Attorney Riddle was able to convince the Judge that the police did not have the right to order the client to exit his vehicle and therefore everything the police discovered after they ordered the client to exit the vehicle was suppressed by the Court.

Once the motion was allowed the Commonwealth had no evidence left to try and prove their case against the defendant and they dismissed the case.

Result: All charges Dismissed.

Categories: Cases and Verdicts.