Possession with Intent to Distribute Marijuana: Dismissed

Drug & Narcotics Offenses

Police stopped a motorist for speeding. Upon approaching the driver side window, the officer detected an odor of marijuana. He questioned the motorist about his observations. The motorist replied that he had recently smoked marijuana, but did not have any left in his possession. The officer further pressed the motorist by claiming the odor he detected was that of fresh marijuana, not recently burnt marijuana. He then ordered the man to exit the vehicle in order to search its passenger compartment. While searching inside, police came upon a backpack in the front seat. The officer retrieved the bag, looked inside and discovery a large quantity of marijuana contained in multiple individual bags or packages for distribution. Based on this discovery, police arrested and charged the man with Possession with Intent to Distribute Marijuana. He was prosecuted in Attleboro District Court in Attleboro, Massachusetts. The man retained Massachusetts Criminal Defense Attorney John L. Calcagni III. Attorney Calcagni prepared and filed a motion to suppress on his client’s behalf. The motion attacked the lawfulness of the police conduct by asking the man to step from his vehicle and search inside solely on the basis of an odor of marijuana. On the day of the motion hearing, the prosecution did not even bother to object to or defend the motion. Instead, the prosecution dismissed the case.