On September 26, 2014 BQ, was driving from Western Massachusetts back to her home in Cambridge.She was transporting a substantial quantity of mushrooms (a Class C controlled substance) and marijuana (a Class D controlled substance). As she drove down Route 2 in Concord a local police officer ran her plate and determined that the car did not have a current inspection sticker. The officer pulled BQ over and approached the car. The officer immediately smelled “an overwhelming odor of raw marijuana coming from the vehicle”. The officer asked BQ where the marijuana was in the car and she said there was none. The officer told her that the car reaked of marijuana and BQ again said there was none.The officer ordered BQ out of the car and had her perform field sobriety tests – which she passed without hesitation.The officer told BQ that he would then search her car; BQ protested saying she did NOT consent to any search of the car. The officer went ahead with the search and seized large quantites of mushrooms and marijuana from the car. BQ was arrested and charged with Possession with Intent to Distribute Mushrooms (Class C), Possession with Intent to Distribute Marijuana (Class D), Possession Class C, Possession Class D, and No Inspection Sticker.
BQ retained Attorney Robert Lewin. It became immediately apparent to Attorney Lewin that the search of the car was unlawful and that ALL the evidence that the police seized (including all the drugs) would have to be suppressed. On July 9, 2014 the Massachusetts Supreme Judicial Cort ruled that the smell of unburnt marijuana is not enough to justify the search of a motor vehicle.
Attorney Lewin immediately contacted the District Attorney’s Office at Concord District Court. To her credit, the Assistant District Attorney agreed with Attorney Lewin and agreed that the evidence would be suppressed and that the Commonwealth would not be able to go ahead with the charges. On October 29, 2014 BQ and Attorney Lewin appeared in Concord District Court. All of the charges were DISMISSED PRIOR TO ARRAIGNMENT. As a result of this disposition the cases did not go on BQ’s criminal record and she has no record. At Attorney Lewin’s request the police returned BQ’s backpack and the cash they seized from her at the time of her arrest. The drugs got destroyed! Every week, the decisions of the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court are published and every week since he became a lawyer in November of 1971 Attorney Lewin has read the decisions. His ready knowledge of the law helped BQ avoid from having a felony charge on her record. BQ left the courthouse absolutely thrilled with the result in her case.
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