Man charged in the Bristol County Taunton District Court for:
- Carrying a Firearm without a License, in violation of M.G.L. c. 269, § 10(a)
- Possession of a Firearm without a FID Card, in violation of M.G.L. c. 269, § 10(h)
- Possession of Ammunition without a FID Card, in violation of M.G.L. c. 269 § 10(h)(1)
- Carrying a Loaded Firearm without a License, in violation of M.G.L. c. 269, § 10(n)
- Receiving a Firearm with a Defaced Serial Number, in violation of M.G.L. c. 269, § 11C
- Possession to Distribute a Class D Drug (marijuana), in violation of M.G.L. c. 94C, § 32C(a).
A police officer noticed a Cadillac SUV with a New York license plate occupied by four black males in the parking lot of a package store. The occupants exited the vehicle and went inside. They then exited the store, entered the vehicle, and drove away. The officer followed the vehicle until it pulled into a Walgreens parking lot. Once parked, one of the back seat passengers (hereinafter “the man”) exited the vehicle and entered the store. The officer then conducted a stop of the remaining three occupants. The driver was identified, confirmed he had a valid License to Carry a firearm, and informed the officer that he had his firearm in the glove box. The driver gave consent to the officer to search his vehicle and seize the firearm. While standing in the rear of the vehicle, the officer noticed a backpack in the trunk. All three occupants present denied knowledge of or ownership of the backpack. The officer opened the trunk and immediately noticed a strong odor of marijuana coming from the bag. Upon searching its contents, police located multiple separately packaged bags of marijuana and over $12,000 in cash. The fourth man exited Walgreens and was detained by police. Out of fear, he admitted to the officer that the backpack and its contents belonged to him. Upon searching the bag further, the officer located a loaded Glock handgun with a defaced serial number. Based on these discoveries, police arrested the man and charged him with multiple firearm and drug-related offenses. He retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him in this case.
Case Result: Motion to Suppress Allowed and Case Dismissed
After reviewing and analyzing all the evidence, Calcagni filed a motion to suppress the firearm and marijuana based on an unlawful detention of the man and search of his backpack. Following an evidentiary hearing, Attorney Calcagni’s motion was granted. Unable to proceed without the physical drugs and gun, the Commonwealth dismissed the case, thereby successfully averting a potential mandatory 18-month jail sentence if convicted.