Search and Seizure Case Results
Boston MA
Your best search and seizure lawyer in Boston, Massachusetts, is ready to fight for you. Skilled criminal defense attorneys at Leon & Davis have a strong record of success representing clients in search and seizure cases.
Successful Criminal Defense: Search and Seizure Case Results by Leon & Davis Criminal Defense Lawyers
August 2019
Client was charged with Trafficking in Methamphetamine 36-100 grams, Possession with Intent to Distribute Methamphetamine, Xanax and Klonopin, and Larceny after his friend told police that client stole his property and had a large amount of meth in his car. Police found 47 grams of meth, large quantities of Xanax and Klonopin, a digital scale and packaging materials along with a large amount of cash and his friend’s property inside his car. Client faced a mandatory minimum state prison sentence of 3.5 years up to 20 years. Attorney Leon moved to suppress all of the evidence based on an improper search of the car. The motion to suppress was allowed and all of the recovered evidence was thrown out and the case was dismissed.
August 2019
Client was charged with Trafficking in Heroin 18-36 grams, Distribution of Cocaine, and Possession with Intent to Distribute Cocaine after police stopped his car after they saw what they believed to be a drug deal with another man. Client was facing a mandatory minimum prison sentence of 3½ years. Attorney Leon filed a motion to suppress the stop and search of client’s car on the basis that police observations were insufficient to justify a stop of the car. He also challenged the extrapolation methods used by the state drug lab to calculate the weight of the drugs and argued that it did not qualify as trafficking weight. Today, Attorney Leon persuades the prosecutor and judge to resolve the case with a continuance without a finding for 1 year on a reduced charge of possession with intent to distribute given client’s progress in treatment and the legal issues raised in the motion to suppress. The case was then dismissed after client successfully completed a year of probation.
March, 2019
Motion to Suppress allowed and carrying a loaded firearm charge is dismissed for Attorney Davis’s client.
September 2018
Client was indicted for Armed Career Criminal Level 2, Carrying a Firearm without a License, and Carrying a Loaded Firearm after police saw him buy a gun from his friend in the driveway of his friend’s home during a surveillance operation. Police pulled client over after he left and he consented to a search of his car. He was facing a mandatory minimum prison sentence of 10 years as a result of the armed career criminal sentencing enhancement. The prosecutor made a plea offer of 4-5 years in state prison in exchange for dropping the sentencing enhancement. Attorney Leon filed a motion to suppress the stop and search of client’s car and persuaded a judge to allow the motion after exposing the improprieties in the police surveillance and testimony at an evidentiary hearing. As a result, all of the evidence was thrown out and the case was dismissed.
July 2018
Client was charged with Possessing a Large Capacity Firearm, Carrying a Firearm without a License, Carrying a Loaded Firearm, and Possession with Intent to Distribute Marijuana. He was accused of possessing a high-capacity pistol with hollow tip rounds after police stopped the car he was in and found the gun. Police saw the car circling a housing development in South Boston after receiving a call for shots fired at that location hours earlier. Police set up surveillance before stopping the car and found a black ski mask in client’s pocket along with the gun and drugs in his bag after he consented to a search. Police also found a scale, plastic bags, and a drug ledger in the bag. Attorney Leon filed a motion to suppress the stop and search of the car and persuaded a judge to allow it after an evidentiary hearing arguing that police had no basis to stop the car despite the report of a gang-related shooting taking place earlier and the car circling that same area. As a result, all the evidence was suppressed and the case was dismissed.
March 2018
Client was charged with Trafficking in Cocaine 18-36 grams after police conducted a lengthy undercover investigation. Police saw client standing in front of a building and meeting briefly with an unknown man. Client was then seen leaving the building using his cell phone and appeared to be waiting for a car to arrive. Client got into a car and it was pulled over as soon as it drove away from the curb. He then gave evasive answers to police but he admitted that the drugs were his when they found 29 grams of cocaine during a search. Client was facing a mandatory minimum sentence of 2 years in state prison. The prosecutor attempted to justify the stop on the basis that police believed that a street level drug transaction occurred. Attorney Leon set the case for a hearing to challenge the lawfulness of the stop. Today, Attorney Leon was able to get the case dismissed.
January 2018
Client was charged with Possession with Intent to Distribute Heroin as a Subsequent Offense, Possession with Intent to Distribute Cocaine as a Subsequent Offense, and School Zone Violations after police executed a search warrant at his apartment and found drugs as well as a vast amount of evidence indicating that drugs were being packaged there. Client was facing mandatory minimum sentences due to it being a subsequent offense as well as the school zone violation. Attorney Leon filed a motion to suppress all of the seized evidence on the basis that the warrant did not establish probable cause to believe that evidence of drug distribution would be located inside the apartment. Today, Attorney Leon was able to get all charges dismissed.
December 2017
Client was charged with Distribution of Cocaine as a Subsequent Offense, Possession with Intent to Distribute Cocaine as Subsequent Offense after police watched client sell drugs to another man during a surveillance operation. Police recovered drugs from the buyer who admitted to buying them from client. Client was then arrested and police found more drugs, a large amount of cash, and multiple cell phones in their possession. Client was facing a mandatory minimum prison sentence of 3½ years if convicted on either charge. Attorney Leon filed a motion to suppress the stop and search of client and persuaded a judge to allow the motion. As a result, all of the evidence seized from client as well as all of the police observations of the drug sale were thrown out and the case was dismissed.
October 2017
Client was indicted for Armed Career Criminal Level 2, Possessing a Large Capacity Firearm, Carrying a Firearm without a License, Carrying a Loaded Firearm, and Possessing Ammunition after police stopped his car for a civil infraction. Police decided to tow the car because client’s license was suspended. Client was facing a mandatory minimum prison sentence of 10 years as a result of the armed career criminal sentencing enhancement. Attorney Leon filed a motion to suppress the stop and search of client’s car and persuaded a judge to allow the motion on the grounds that the police violated their inventory policy as well as the procedure for impounding the car and having it towed. As a result, all of the evidence was thrown out and the case was dismissed.
February 2017
Client was indicted for Trafficking in Marijuana 50-100 pounds which carries a mandatory minimum sentence of at least one year. Client was arrested after he landed at Logan Airport from San Francisco after a lengthy investigation by the state police. He consented to a search of his luggage and police found 70 pounds of marijuana. The initial plea offer from the prosecution was a one-year mandatory jail sentence in exchange for pleading guilty. Attorney Leon investigated the case and filed a motion to suppress the search of client’s luggage raising questions about the legality of the tactics used by state troopers to obtain client’s consent to search his luggage and phone. After extensive negotiations with the prosecutor ahead of the motion to suppress date, Attorney Leon was able to have the charges reduced to a misdemeanor charge of possession with intent to distribute marijuana, thus avoiding the mandatory jail sentence and felony conviction. Client received a period of probation.
January 2017
Motion to suppress search warrant allowed. Client was indicted for Possession with Intent to Distribute Cocaine and Marijuana with Habitual Offender Enhancements on both and facing a mandatory minimum prison sentence of 10 years. He was the target of a search warrant issued after a lengthy drug investigation involving controlled buys. Inside his apartment police found many bags of crack cocaine packaged for street-level sales along with a scale, box of plastic bags, a cooking set-up, and bags with the corners cut off. Police also found 3 ounces of marijuana and a large amount of cash. Police obtained a search warrant for his phone and found dozens of text messages indicative of drug distribution and many short calls at all hours of the night, including to some of the numbers involved in those text message conversations. Attorney Leon filed a motion to suppress the evidence from client’s phone on the grounds that it was illegally obtained due to an invalid search warrant. He persuaded a judge to allow the motion after an evidentiary hearing and throw out the phone evidence on the grounds that there was an insufficient nexus to criminal activity and that police lacked diligence in applying for the warrant. The Court’s ruling dramatically improved the client’s case. The prosecutor then offered client two years of probation instead of the previous plea offer of 4-6 years in state prison in exchange for dropping the habitual offender enhancement.
January 2017
Client was charged with Possessing a Large Capacity Firearm, Carrying a Firearm without License, and Carrying a Loaded Firearm after police stopped his car and searched him based on a tip from a confidential informant. Attorney Leon filed a motion to suppress the stop of the car as well as a discovery motion challenging the informant’s privilege and seeking additional information on the informant which a judge ordered the prosecutor to provide after a hearing on the motion. The prosecutor responded by moving to dismiss the case because the district attorney’s office was not comfortable turning over the information on the informant. As a result, the case was dismissed.
June 2016
Client was charged with Trafficking in Cocaine 18-36 grams, Possession with Intent to Distribute Heroin, Possession with Intent to Distribute Cocaine, and Identity Theft after police stopped him on the basis of a confidential informant’s tip. Client also had multiple identification documents in various names with his photo on them. Attorney Leon filed a motion to suppress the stop and search of client and persuaded a judge to allow the motion on the grounds that the prosecution failed to establish the basis of knowledge and veracity of the informant’s tip and police failed to obtain corroborating information to make up for the deficiencies in the tip’s reliability. As a result, all of the evidence was thrown out and the case was dismissed.
May 2016
Client was charged with Distribution of Heroin as a Subsequent Offense, Distribution of Cocaine, Possession with Intent to Distribute Cocaine, and School Zone Violations after police believed they saw him sell drugs outside of a school in Charlestown. Police pulled him over after they saw him pick up a friend and drop him off outside his home. They believed that a drug deal occurred based on their observations and the actions of the men inside the car. Attorney Leon filed a motion to suppress all of the evidence based on an improper stop and search of the car and persuaded a judge to allow the motion. As a result, all of the evidence seized from client as well as all of the police observations of the alleged drug sale were thrown out. The case was then dismissed.
February 2016
Client was charged with Distribution of Heroin as a Subsequent Offense after police saw him get out of a car just before they pulled over the buyer and found the drugs. The buyer said he had bought drugs from the man who had gotten out of his car. Client allegedly tried to throw his cell phone away when police arrested him. Attorney Leon filed a motion to suppress the stop and search on the grounds that police lacked reasonable suspicion to believe a drug transaction had taken place. At the motion hearing, Attorney Leon impeached the lead detective during cross-examination on critical aspects of his investigation which suggested that he was not being truthful about some of his observations and what he included in his incident report. On the morning of trial, the prosecutor filed a motion to dismiss the case. The case was then dismissed.
January 2016
Client was charged with Distribution of Cocaine as a Subsequent Offense after police believed they saw him conduct a drug deal with two people in Downtown Boston. They approached the suspected buyers and found drugs on one of them who admitted that client had sold them cocaine. Attorney Leon filed a motion to suppress the seized evidence on the basis that police lacked justification to believe that a drug transaction had occurred. Police never observed a transaction and simply assumed one occurred on the basis of three people huddling together on the street. Attorney Leon persuaded a judge to allow the motion and all of the drug evidence and the police observations were thrown out. The case was dismissed.
November 2015
Client was charged with Distribution of Cocaine as a Subsequent Offense after police believed they saw him conduct a drug deal with another man. Attorney Leon filed a motion to suppress the seized evidence on the basis that police lacked justification to believe that a drug transaction had occurred. Today, Attorney Leon persuaded a judge to allow the motion and all of the drug evidence and the police observations were thrown out. The case was dismissed.
August 2015
Attorney Davis filed a motion to suppress in a drug distribution case. After hearing, the judge agreed with Attorney Davis and suppressed all evidence against his client.
April 2015
Attorney Davis’s client was charged with narcotics offenses after a stop of his motor vehicle. After an allowed motion to suppress the evidence, the case was dismissed.
March 2015
Client, a veteran, was charged with Possession with Intent to Distribute Marijuana and a School Zone Violation after police thought he sold drugs to a man inside a car. The driver was stopped after client left the car and police found marijuana. Client was then stopped and police found 10 bags of marijuana. Client was facing a mandatory minimum sentence of 2 years on the school zone violation if convicted. Attorney Leon filed a motion to suppress all of the evidence on the grounds that the police did not have sufficient information to believe that a drug deal had occurred. Attorney Leon persuaded a judge to allow the motion and all of the evidence was thrown out. The case was dismissed.
February 2015
Client was charged with Possession with Intent to Distribute Marijuana based on police finding five bags of marijuana on him. Police walked into a convenience store and saw a man yelling at client about being ripped off on a prior drug deal by the client. Police then searched client and found the drugs. Attorney Leon filed a motion to suppress the evidence seized by police on the grounds that they did not have a lawful justification for the search and persuaded a judge to allow the motion. The case was then dismissed.
November 2014
Client was charged with Possession of Cocaine after police searched his car. Attorney Leon filed a motion to suppress the evidence on the grounds that police lacked a lawful justification for the search. Today, Attorney Leon was able to get the case dismissed.
April, 2014
Attorney Davis’s client was stopped after committing a traffic infraction and a Detective found heroin in his vehicle. Attorney Davis argued that the stop was unconstitutional and judge agreed. All evidence obtained as a result of that stop was suppressed and the case was dismissed.
February 2014
Client was charged with Possession with Intent to Distribute Heroin and Gabapentin and School Zone Violations after police found him passed out behind the wheel of a car with a spilled coffee in his lap. Client admitted that he took three Xanax pills. Police noticed that client was very slow and sluggish and appeared to be nodding off. They searched him and found five medium-sized bags of heroin. Client faced a mandatory minimum sentence of at least 2 years as a result of the school zone violation. Attorney Leon filed a motion to suppress the evidence seized on the grounds that police had no lawful justification to conduct a search. Today, Attorney Leon persuaded a judge to dismiss all charges.
November 2013
Attorney Davis’s client was charged with stealing thousands of dollars from a construction site. After hearing, a judge suppressed all evidence seized because of an unlawful search warrant.
March 2013
Client was charged with Carrying a Dangerous Weapon and Possession of Marijuana after he was pulled over by police and they found a weapon and drugs during a frisk of the car. Police smelled a strong odor of marijuana and ordered client out of the car for officer safety reasons because they believed he provided evasive answers and appeared to be concealing something. Client was facing a mandatory minimum sentence of 2½ years in state prison due to his prior conviction for carrying a dangerous weapon (sawed-off shotgun) 15 years earlier. Attorney Leon filed a motion to suppress the stop of the car and subsequent search. The motion was allowed after an evidentiary hearing and all evidence illegally seized by police was thrown out and the case was dismissed.
January 2013
Client was charged with OUI-Drugs after he was accused of driving under the influence of heroin after he crashed into the back of a parked box truck. A passing driver alerted police to the crash and they found client unconscious behind the wheel. Police saw the torn corner of a plastic sandwich bag that was consistent with heroin packaging in his lap. A state trooper shook him awake and client woke up in a daze. Client initially said he was sleeping but then admitted that he shot up “a third of an eight ball” down the street and was waiting to get into a program for his heroin problem. Police had him exit the car and he was unsteady on his feet and had very little balance. Police then searched the car and found a spoon in the center console with a hypodermic needle and syringe. Client had trouble staying awake when he was sitting on the curb waiting for an ambulance. Attorney Leon filed a motion to suppress the client’s statements to police on the grounds that they were not voluntarily made. The motion was denied by a judge; however, at the hearing on the motion, Attorney Leon cross-examined the arresting trooper and he testified inconsistently about significant aspects of his report and appeared to perjure himself when discussing his actions on-scene. Attorney Leon obtained a transcript of the motion hearing and provided it to the prosecutor and highlighted the trooper’s credibility issues from the hearing. On the morning of trial, the prosecutor filed a motion to dismiss the case and told the judge that there was insufficient evidence to go forward and could not sustain their burden of proof. The case was then dismissed.
January 2012
Attorney Davis’s client was illegally stopped by the State Police and charged with distributing drugs. A judge agreed with Attorney Davis and suppressed every piece of evidence that would have been used against his client at trial. The District Attorney was forced to dismiss all charges.