A mere 2 minutes was all it took to assist a suspected cocaine trafficker stroll into the sundown.
Lowell police pulled the 50-year-old Lowell man over the evening of July 29 for not having his headlights on after sunset, police report. That’s after they reported discovering a “brick” of cocaine contained in the automobile.
There was only one downside — state legislation says when skies are largely clear, a driver is required to light up their headlights throughout the first half-hour after sundown.
The suspect, police say, was pulled over simply prior to eight:37 p.m. — about 28 minutes after sundown and roughly 2 minutes earlier than the legislation kicks in. There had been “clear skies with passing clouds” that night and sundown was at 8:09 p.m.
Due to the roughly 2-minute discrepancy, the DA’s Office said the visitors cease was a violation of the motive force’s rights below the Fourth Amendment, which protects residents from unreasonable searches and seizures.
“Because all evidence obtained in this case resulted from the fruit of the motor vehicle stop, the Commonwealth would have no evidence to present at trial in this matter,” the DA’s Office said. “Therefore, this nolle prosequi is filed in the interests of justice.”
The defendant’s legal professional, Bill Dolan, expressed satisfaction with the case’s final result, noting the prosecution is just purported to prosecute after they “have a good-faith foundation to consider they’ll show guilt inside an inexpensive doubt.
“I think this is one example where it was evident to (the DA’s Office) that there was a problem and they did the right thing by saying we can’t prove this case, we shouldn’t keep this guy in jail anymore,” Dolan stated.
Dolan added that his shopper has no felony historical past.
Police reported that the 50-year-old man denied having any medicine within the automotive, earlier than giving officers permission to go looking the automobile. During the search, police reported discovering one bag containing about 29 grams of cocaine, in addition to a “brick” of cocaine that weighed roughly 535 grams. Court paperwork state the 50-year-old advised police on the scene that each one the medicine within the automobile belonged to him.
The man was held on a $50,000 money bail throughout his arraignment on the cocaine trafficking cost by Judge Daniel Crane in Lowell District Court on Aug. 1. A couple of days later, on Aug. 5, the Middlesex District Attorney’s Office filed the nolle prosequi, at which level he was launched from jail.
Two visitors citations towards the 50-year-old, together with a visitors lights violation and pointless engine idling over 5 minutes, had been additionally dismissed.
The Lowell Police Department declined to remark concerning the case.
Follow Aaron Curtis on Twitter @aselahcurtis.
Source: www.bostonherald.com”