• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help filing a motion

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

StoneFree

Guest
What is the name of your state? Massachusetts

Can someone give me an example of a motion to supress that I may use as a guideline to write one pertenent to my case?

I was pulled over for a traffic violation. Officer stated he found an "open pack" of cigarettes at the foot of the driver during an inventory search.

Under Comm v. Alvarado 420 Mass.542,553,651 N.E. 2d 824 (1995) I believe the evidence is fruit of a poisonous tree because an inventory search is non-investagatory and even if the local police's policy has a stipulation for closed containors I do not believe that he was looking for valuables in an empty pack of cigarettes on the floor.

Any advice would be helpful.

Thanks
 


looking at your case I took the unique opportunity to sheppardize your case for you and it came up with a caution, menaing not a strong case, or leading to exclusions. Now if you had an open pack of cigs and the Poilce, through their training determined the possible smell of marijuana then yes that was a good search. need more infor to understand your situation.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top