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Motion to suppress allowed in Lowell District Court

Kayla Fahey won a Motion to Suppress and was able to get all incriminating evidence discovered in her client’s car suppressed for trial. The Chelmsford police represented in their police report that they had permission to search her client’s car through his wife who was present at the scene. However, during cross examination of the police officer, Attorney Fahey was able to establish that the officer really didn’t know if the woman present was her client’s actual wife, or had any ownership rights to the vehicle. In addition, Attorney Fahey was able to get the officer to admit that in order to open the trunk, they had to search her client and remove his keys out of his pocket without his permission. Accordingly, Attorney Fahey convinced the judge that her client’s girlfriend had no legal authority to consent to the search of the motor vehicle, and the officer conducted an illegal search of her client in order to access the trunk.

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