Drug Crime Attorney
If the police execute a search warrant for drugs at a residential address, the search warrant application must meet a constitutional threshold to be deemed valid. At a minimum, there must be probable cause to believe that illegal drugs are located within the residence. This is highlighted by Mass. General Laws Chapter 276 section 1, which deals with searches and warrants in general.
Similarly, if the search warrant application is based on controlled drug buys from the residence by a confidential informant, there must be information contained within the search warrant application identifying the informant’s past reliability and basis of knowledge that narcotics are contained within the residence. Independent police corroboration of facts in the warrant affidavit can make up for deficiencies in the informant’s reliability and basis of knowledge.
Additionally, if you are not the subject of a search warrant and you just happen to be in the residence at the time of search and drugs are found, there has to be some evidence to establish that you either possessed the drugs or conspired with others to do so.
As a result, if you find yourself charged with a drug crime in Massachusetts, contact a drug crime attorney who knows how to fight for you. Don’t hesitate there may be a mandatory minimum sentence waiting.