Suppression of Evidence Resulting in Dismissal

The following is a representative sample of Patrick J. Noonan’s successful motions to suppress key evidence in criminal cases, oftentimes leading to a complete dismissal of the case.

  • Commonwealth Padilla, 2023-P-0581 (2024)(search warrant for residence seeking to seize “all controlled substances under G.L. c. 94C” unconstitutional; drug and firearm evidence suppressed, convictions reversed, case dismissed.)
  • Commonwealth Dolan, Brockton District Court (2022)(landmark case holding that auxiliary police officers do not have authority to conduct motor vehicle stops, detain citizens, and conduct searches; evidence of intoxication suppressed; case dismissed.)
  • Commonwealth A.B., Taunton District Court (2023)(search warrant for home based on controlled buys with a confidential informant did not establish probable cause to issue the warrant for targeted residence; drugs, firearm, and counterfeit money suppressed, 20 charges dismissed.)
  • Commonwealth X.S., Ayer District Court (2021)(consent to search home invalid based on testimony from defense expert in linguistics proving that the defendant, a Chinese national, could not read or understand the consent to search form; large capacity firearms and feeding devices suppressed, case dismissed.)
  • Commonwealth D.W., Brockton District Court (2015)(witness identification of defendant, as person masturbating in vehicle, by police administered photo array overly suggestive; eyewitness identification suppressed, case dismissed.)
  • Commonwealth H.Q., Hingham District Court (2016)(statements made by the defendant in the back of an ambulance suppressed as product of police coercion.)
  • Commonwealth J.J., Stoughton District Court (2018)(defendant’s statements and physical evidence in manslaughter investigation suppressed based on violation of right to counsel and the Defendant’s consent to search was the product of police coercion.)
  • Commonwealth G.G., Brockton Superior Court (2018)(in child pornography investigation, private citizen taking electronic devices from defendant’s home was illegal because the private search was proven to be instigated by police.)
  • Commonwealth B.M., Brockton District Court (2017)(no reasonable suspicion to support detention at sobriety checkpoint; evidence of intoxication suppressed, case dismissed.)
  • Commonwealth A. Juvenile, Dedham Juvenile Court (2015)(social sharing of marijuana did not justify warrantless search of juvenile’s backpack; drugs and knife suppressed, case dismissed.)
  • Commonwealth D.R., Stoughton District Court (2012)(no reasonable suspicion to believe that the Defendant engaged in drug-transaction based on defense evidence showing it was impossible for police to have observed the hand-to-hand transaction based upon distance and obstructions in vantage point from police surveillance post; drugs evidence suppressed, case dismissed.)
  • Commonwealth J.S., Framingham District Court (2013)(defendant was identified by a joint venturer of breaking into a home and stealing over $30,000 from a safe; the burglar smashed a window when entering the home; cut his hand, leaving traces of blood. Defendant’s motion to suppress compulsion of Defendant’s DNA sample suppressed; no criminal charges.)