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Convenience Store Search Warrant Nets Four Drug Arrests
Police with a search warrant say they found heroin, Oxycodone and $10,000 cash at a JP convenience store.
Police made a drug bust at a Hyde Park Avenue convenience store on Tuesday, finding a bag of heroin, 45 grams of Oxycodone pills and more than $10,000 cash.
Police executed the warrant at 6:22 p.m. on Tuesday at D&R Supermarket. Officers said they entered the 180 Hyde Park Ave. store peacefully and saw the suspect. Police say they found the contraband behind the counter near the cash register.
Police arrested Jeancarlo Rodriguez, 30, of JP and Ansony Lapaix, 22, of Dorchester, charging them with trafficking in Class A drugs and possession with intent to distribute Class A drugs within 1000 feet of a school zone. The Boston Teachers Union School is just across the street from the convenience store.
Also arrested were Dilency Liberato, 25, of Mattapan and Noelia Melendez, 25, of Dorchester, who were charged with being in company of a person possessing heroin.
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Chris Child
3:48 pm on Thursday, February 23, 2012
"being in company of a person possessing heroin" is the poorly worded name of the charge, which would imply anyone at this store could have been arrested whether if they knew anyone had heroin or not! The actual statute requires the person be "knowing that said person is in position of heroin ..." http://law.onecle.com/massachusetts/94c/35.html
Chris Helms
5:07 pm on Thursday, February 23, 2012
Thanks, Chris. I thought that was odd, but that was the exact phrase from the police report, so I went with it. Thanks for the clarification.
triangular
6:32 pm on Thursday, February 23, 2012
Well, the "knowingly" has to be proven in court, but this still seems like a charge that opens people up to being arrested and charged just for, I don't know, being a person who goes into a convenience store and is chatting with the clerk when the cops show up. Also, is one supposed to immediately leave if one discovers that someone is in possession of heroin? If it's a friend or family member with a small quantity (not talking about dealing here), does the law prefer that people run away rather than making sure the person is OK? Or even if they are dealing, are you supposed to leave as soon as you see the stash, rather than checking it out and seeing what it is, asking the person why on earth they're doing that, etc.? It just really sounds like guilt by association to me.
Chris Child
11:28 am on Saturday, February 25, 2012
I also think this a ridiculous law, for many of the reasons "triangular" states. My best friend's brother is a heroin addict, and essentially this law would mean he should have to run away whenever he visits, also this "in the company" law only specifies heroin, versus any other controlled substance.
SMOKY FH68
4:39 pm on Monday, February 27, 2012
I go to that store everyday if i got arrested with my little girl because some idiot wants to sale drugs from his store. dude all HELL is breaking loose. THANK GOD AND THE OFFICERS WHO TOOK HIM OUT OF BUSINESS n ARE GETTING THAT CRAP OUT OF MY NEIGHBORHOOD. GREAT JOB OFFICER DONUTS N COFFEE ON ME!!!