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Barnstable: Unlawful Possession of Firearm: Motion to Suppress Allowed and Case Dismissed
Summary of Facts: While investigating a different matter in an apartment complex, police officers claimed to have observed our client engaging in suspicious activity in his home. The police went to the front door and asked for permission to come inside. A separate household member allowed the officers to enter the home. The officers learned that our client had placed something in his closet and proceeded to search his bedroom. The police found a handgun and arrested our client.
Action: Once retained as counsel, Attorney Coughlin reviewed the case and filed a motion to suppress the firearm and other evidence. Attorney Coughlin argued to the Court that the police acted unlawfully by searching our client’s home without probable cause and a warrant.
Result: After a hearing, the Court agreed with Attorney Coughlin that the police had violated our client’s constitutional rights. The Court ordered that the firearm and other evidence obtained as a result of the police’s illegal actions be suppressed. Left with little evidence to support their case, the prosecution dismissed the charges against our client.