As in any possession case the first line of defense will be how the police seized the drugs. All citizens are protected from unlawful government searches and seizures by Fourth and Fourteenth Amendments to the United States Constitution, Article XIV of the Massachusetts Declaration of Rights, and under Massachusetts General Laws c. 276, § 1.
In order to conduct the search often necessary to seize ANY contraband (including drugs) the police must have a warrant or probable cause to conduct a search.
Experienced and skilled defense lawyers will scour the evidence to determine if the police had a warrant and if so was it valid. If no warrant exists then lawyers will scour the evidence to determine if the police had probable cause – based upon specific articulable facts – to conduct the search.
Drug Arrest in Northborough