Our client was arrested and charged with several narcotic offenses stemming from a motor vehicle stop in the City of Worcester. The motor vehicle stop and arrest eventually resulted in our client consenting to the search of his home in Northborough. At the time of the incident, our client maintained a valid license to possess firearms. During the search of his home it was discovered that numerous firearms were unsecured and not locked and stored in accordance with Massachusetts law. In addition to the underlying narcotic offenses, our client was charged with 5 counts of Improper Storage of a Firearm. A motion to suppress was filed in the Worcester District Court and after an evidentiary hearing, it was determined that the underlying stop and arrest of our client was done without the required legal finding of probable cause. Consequently the narcotic offenses in the Worcester District Court were dismissed. Arguing that the ensuing “consent” and search of his home in Northborough was the “fruit of the poisonous tree”, we filed an additional motion to suppress in the Westborough District Court relative to the firearm offenses. The motion to suppress in Westborough was allowed and the firearm offenses were dismissed.
