Commonwealth v. A.P. – Mass. Appeals Court

Mass. Appeals Court
Docket No. 2023-P-0581

ATTORNEY PATRICK J. NOONAN WINS APPEAL REVERSING CONVICTIONS FOR DRUG TRAFFICKING, POSSESSION WITH INTENT TO DISTRIBUTE AND UNLAWFUL POSSESSION OF A FIREARM

Police received information from a confidential informant that the defendant was distributing drugs from his apartment in Brockton. The confidential informant engaged in two controlled purchases of drugs from the defendant at his apartment in Brockton. The police obtained a search warrant to search the defendant’s apartment. Police executed the search warrant when the defendant was inside his apartment and they located 521 grams of cocaine, 45 grams of cocaine, 10 grams of heroin, 111 amphetamine pills, 64 oxycodone pills, anabolic steroids, human growth hormone, a loaded .22 caliber pistol, a hydraulic press, scales, and packaging material. The Defendant was convicted of five indictments, including drug trafficking, possession with intent to distribute, and unlawful possession of a firearm and he was sentenced to serve 3.5-5 years in state prison. Upon appeal, Attorney Patrick J. Noonan argued that the search warrant was unconstitutional and failed to satisfy the particularity requirements because the warrant described the items to be seized as “all controlled substances under Chapter 94C. The Appeals Court agreed, and the Defendant’s convictions were reversed and he was released from custody.