COMMONWEALTH OF MASSACHUSETTS

DISTRICT COURT DEPARTMENT

WORCHESTER COUNTY - DUDLEY DIVISION
CASE NO. 1364-CR-003053


COMMONWEALTH
v.
BEN MURRAY

Motion to Suppress
Now comes the defendant in the above-referenced matter and complains that he was
subjected to an illegal search and seizure and moves this Court to order that all property seized
pursuant search and subsequent arrest, be suppressed at any trial based on the above-referenced
complaint.
As grounds for motion:
1. The illegal search and seizure occurred on September 7, 2013, at approximately
6:20 p.m. in Sturbridge Massachusetts.
2. The search and seizure occurred before the arrest of the defendant.
3. The search and seizure was illegal because there was no probable cause for the
search. Further, the initial stop of the defendant was unlawful. The officer also
unlawfully extended the motor vehicle stop based on smell of marijuana, and
therefore unlawfully questioned and detained defendant.
- Page 2 of 2 -
4. The search was conducted for based on the ignorance of a police officer of a new
law allowing for possession of medical marijuana.
5. No exigencies existed that would support the search.
6. The defendant did not consent to the search.
7. The search was not conducted incident to an arrest pursuant to G.L. c. 276, 1,
because the search was not made for the purpose of seizing fruits,
instrumentalities, contraband or other evidence of the crime for which the
defendant had been arrested in order to prevent its destruction or concealment.
8. The search was not a limited pat down conducted for the purpose of
determining whether the defendant was armed with a weapon.
WHEREFORE, the defendant avers that the aforesaid evidence was obtained in
violation of his rights to be secure from unreasonable searches and seizures as guaranteed by
Article XIV of the Massachusetts Declaration of Rights, the IV and XIV Amendments to the
United States Constitution and G.L. c. 276, 1.


Dated: April 14, 2014

Respectfully submitted,



Marvin Cable, BBO#: 680968
Law Offices of Marvin Cable
P.O. Box 1630
Northampton, MA 01061
E: law@marvincable.com
P: (413) 268-6500
F: (888) 691-9850
ATTORNEY FOR DEFENDANT



COMMONWEALTH OF MASSACHUSETTS
DISTRICT COURT DEPARTMENT
WORCHESTER COUNTY - DUDLEY DIVISION
CASE NO. 1364-CR-003053


COMMONWEALTH
v.
BEN MURRAY

Memorandum in Support of Motion to Suppress

Respectfully submitted,


Marvin Cable, BBO#: 680968
Law Offices of Marvin Cable
P.O. Box 1630
Northampton, MA 01061
E: law@marvincable.com
P: (413) 268-6500
F: (888) 691-9850

ATTORNEY FOR DEFENDANT


Dated: April 14, 2014


- ii -

Tabl e of Cont ent s
1. Introduction ................................................................................................................................ 1
2. Statement of Facts ..................................................................................................................... 1
3. Argument .................................................................................................................................... 6
3.1. Massachusetts law allows for possession of medical marijuana. ............................... 6
3.2. There was no probable cause to search. ........................................................................ 8
3.3. Because there was no probable cause to search, this Court should suppress
evidence obtained in search. ......................................................................................... 9
3.4. The detention of Defendant was unlawfully prolonged. ........................................... 9
3.5. Stop was wrongful. ......................................................................................................... 13
4. Conclusion ................................................................................................................................ 13


- Page 1 of 14 -
1. Introduction
This memorandum is in support of Defendants motion to suppress evidence.
2. Statement of Facts
The Defendant suffers from chronic back-pain. Under the supervision of a physician,
Defendant uses medical marijuana to treat his pain. (See Ex. A. Aff. of Defendant.).
Early in evening, September 7, 2013, Defendants vehicle was stopped by Sergeant
Earl Dessert (DESSERT) of Sturbridge Police Department. (See Ex. A. Aff. of
Defendant; Ex. B. Police Report.) (The entire stop was video recorded. The video is
attached to this memorandum, and can be viewed, in full, online, at:
http://ow.ly/uJsHJ).
DESSERT stopped Defendant for allegedly violating M.G.L. Ch. 89 9. (See Ex.
B. Police Report. See also, http://ow.ly/vMRnJ ; Ex. C. Video Thumbnails).
DESSERT believed that MURRAY should have stopped at an intersection when the
light turned yellow. (See Ex. B. Police Report). DESSERT believed it was safe to do so,
and MURRAY decided ignore this, therefore violating M.G.L. Ch. 89 9 (Id.).
After the van was stopped, DESSERT approached MURRAYs window and
requested MURRAYs license and registration; discussed with MURRAY the reason for
the stop; then returned to his patrol car. (Id.).
DESSERT wrote MURRAY a warning for a red-light violation and citation for the
seat belt violation, and returned to Defendant. (Id.). Upon this second approach,
- Page 2 of 14 -
DESSERT smelled an odor of fresh marijuana coming from the vehicle. (Id.). Instead of
completing the citation process, DESSERT questioned MURRAY, and eventually
seized his medical marijuana. In DESSERTs own words:
I asked Murray where he was coming from. Murray told me he was
coming from a friends house. I asked Murray if he had anything illegal in
the vehicle. Murray informed me he did not and went on to say that he only
had a little marijuana on him but he had a medical marijuana certificate. I
asked him how much marijuana and Murray stated he had 5-6 ounces on
him. I asked Murray if I could see the marijuana. Murray subsequently
reached down between his seat and pulled out a large plastic container and
handed it to me. In the container was a large quantity of fresh raw
marijuana.

(Id.).
Along with the marijuana, MURRAY handed DESSERT the appropriate
documentation to prove he was legally allowed to possess the cannabis. (Id.). DESSERT
explained:
Murray also handed me a piece of paper titled Recommendation for the
Humanitarian Use of Marijuana in Massachusetts. This paper indicated
that it was issued from a Dr. out of Northampton MA. Murray informed
me that it was his medical marijuana permit and he was allowed to have up
to 10 ounces on him. I have attached and incorporated this form herein.
Murray also handed me a return receipt from the MA Dept. of Public
Health. This had no other information besides that the DPH signed for a
piece of mail on 6/24/13.
(Id.).
DESSERT ordered MURRAY out of his vehicle. While MURRAY sat on the
back bumper of his van, DESSERT returned to his patrol car with the container and
Doctors recommendation.
DESSERTs discussed the situation with a police officer who arrived on scene to
- Page 3 of 14 -
provide DESSERT assistance. They discussed the legality of medical marijuana. All
officers on the scene were ignorant of the laws allowing for possession of marijuana for
medical use. The officers on the scene, including DESSERT, had no prior experience,
education, training, regarding new medical marijuana law.
Because DESSERT was unclear as to whether MURRAY was acting lawfully,
DESSERT placed a phone call to a person named, Ken. Audio can be heard, however,
only DESSERT can be heard in the conversion. The conversation lasts about 2 and a half
minutes. A video clip can be viewed at http://ow.ly/uJqbk. Here is essentially what
DESSERT is heard saying:
Hey Ken, it's Earl, how are you doing? Good. I'm on a road side stop
right now and I have to run something by you if you have a second
Alright, well I have about five ounces, six ounces of marijuana here. But he
has a medical certificate out of Northampton, Mass. and I haven't seen
anything come across yet that that has gone into play yet. Nothing is in
affect yet? He has a note from a Doctor out of Northampton. He has a
certified mail term receipt from the Department of Public Health. But
that's all he has on him and he said that he was under the impression that
he could possess up to 10 ounces. And I remember when I was reading
the law a while ago, it was saying a 30 day supply. Yeah . . . He's got 6
ounces on him right now that he just handed over. I asked him if he had
anything illegal in the vehicle and he said, "Just a little marijuana." I said,
"How much?" He was like, "Five or six ounces." And I was like, "Yeah, why
don't you give that to me." I think I have no choice here. That's a lot of
marijuana. But my only hesitation is he sounded so legit with the
documents and stuff. I'm like, did I miss something? Did nothing come in
affect yet? Okay, then I'll be calling in a little bit. Absolutely. Yup that is
what I was thinking. With that much, we (indiscernible) one thing to do
with intent.
Based his knowledge of the law, and on his phone call with Ken, DESSERT
believed [t]he amount of marijuana handed to [him] was well over one ounce and [because
of this he] suspected that Murray was in possession of marijuana with the intent to
- Page 4 of 14 -
distribute. DESSERT decided to search MURRAY. DESSERT based his probable
cause on one sole fact: MURRAYs possession of 5 - 6 ounces of medical cannabis.
Before arresting MURRAY for intent to distribute, he explained to MURRAY
why he was going to be searched. (A clip can be viewed at http://ow.ly/uJraV).
DESSERT began by saying, [t]he problem is, there is nothing in Massachusetts, yet, that
has come out that, that legally allows you to possess marijuana. (Id.).
MURRAY disagreed, [t]hat's not true That law was passed and you guys should
know that as police officers. I have my recommendation right there. It is under 10
ounces, Sir. (Id.).
Well heres the thing, DESSERT responded; with that amount of marijuana I
have probable cause to believe that you have possession with intent to distribute that. [
S]o that's -- what Im going on right now I don't understand what you are talking about
with this 10 ounce stuff. (Id.)
MURRAY asked, [s]o you are going to say that I am in trouble even though I am
following laws that have been passed by the citizens of Massachusetts? (Id.).
DESSERT replied, I'm saying right now that you are possessing marijuana with the
intent to distribute which is illegal. Okay? I'm not going to argue with you right now.
I'm just telling you where we stand. (Id.).
The conversation then ended. DESSERT walked to the vans passenger-side door,
opened the door, and began searching the vehicle. After briefly searching the vehicle,
DESSERT ordered to other officers on scene: book him. (Id.).
The other officers put handcuffs on MURRAY and placed him in the rear seat of
- Page 5 of 14 -
DESSERTs police vehicle.
DESSERT then put a backpack found during search of MURRAYs vehicle onto
hood of DESSERTs police vehicle, and then emptied contents of the backpack onto the
hood.
After searching MURRAYs van, DESSERT returned to the police vehicle. Upon
DESSERTs return, MURRAY was in the backseat of the police vehicle. DESSERT then
drove MURRAY to the Sturbridge Police Department. During the ride, DESSERT spoke
to MURRAY about the arrest. (Again, for convenience a video clip of the following are
accessible online, at http://ow.ly/uJrSz. This clip is rather short, only 43 seconds.)
DESSERT essentially is heard telling MURRAY that DESSERT believed that
MURRAY believed he was acting lawfully.
Alright so here is the deal, Ben. I'm going to take you back, process you.
I'm not going to ask for any bail on ya. I think, to be honest, I think you do
believe that what you have is legal. I believe it is not because there has been
nothing that came across my desk saying this yet. So I'm not going to ask
for bail $40 on you. I don't know what the clerks going to say but, um. And
if you end up being right, which I don't think, but if you are, then they'll
dismiss the charges obviously.
(Id.).
After the short ride, DESSERT begins the booking process. The booking process
provides no new material issues, however, DESSERT is heard, once again, evidencing his
lack of knowledge regarding the medical marijuana law, and his basis for probable cause to
search.
At one point, Defendant questions Officer about his knowledge of the law. Officer
responds, that if it were in effect we would have gotten a memo. (See
http://ow.ly/vMSuk)
- Page 6 of 14 -
In the end, MURRAY was charged with intent to distribute a Class D (M.G.L. Ch.
94C, Sec. 32C.) and possession of a Class C (M.G.L. Ch. 94C, Sec. 34(E)).
3. Argument
The was no probable cause to search Defendant. DESSERT believed he had
probable cause to search because Defendant possessed 5 - 6 ounces of cannabis. Indeed, in
the past, possession such an amount of marijuana may alone provide sufficient basis for
probable cause to search possessor for the crime of intent to distribute a class D. See
Commonwealth v. Roman, 414 Mass. 642, 645, 609 N.E.2d 1217, 1219 (1993) (possession
of larger amount of illegal drugs raises inference of intent to distribute). However, no
longer does possession of such constitute probable cause to search for intent to distribute.
Under medical marijuana laws, Defendant may lawfully posses 5 6 ounces. Mere
possession of 5 - 6 ounces of marijuana, by a qualified medical marijuana patient, is not
indicative criminal activity.
The was no probable cause to search defendant. The officers search was based on
ignorance of the new law and all items obtained by police action should be suppressed
3.1. Massachusetts law allows for possession of medical marijuana.
Since January 1, 2013, possession of marijuana in proper circumstances is legal. See
Chapter 369 of the Acts of 2012, An Act for the Humanitarian Medical Use of Marijuana,
(herein statute), Section 1 (there should be no punishment under state law for qualifying
patients, physicians and health care professionals, personal caregivers for patients, or
- Page 7 of 14 -
medical marijuana treatment center agents for the medical use of marijuana, as defined
herein.); see also, Department of Healths Regulation, 105 CMR 725.000, (herein
regulations) (enacted on May 8, 2013, implements Chapter 369 of the Acts of 2012).
Under the new law, a qualifying patient shall not be subject to arrest or prosecution,
or civil penalty, for the medical use of marijuana provided that (1) he possesses no more
marijuana than is necessary for the patient's personal, medical use, not exceeding 10 ounces
unless certified by physician, and (2) presents his registration card to any law enforcement
official whom questions the patient regarding use of marijuana. See Chapter 369 of the Acts
of 2012, Section 4, (a) & (b); Chapter 369 of the Acts of 2012, Section 2 (M) (Sixty-day
supply means that amount of marijuana that a qualifying patient would reasonably be
expected to need over a period of sixty days for their personal medical use.); 105 CMR
725.004 (Sixty-Day Supply means that amount of marijuana, or equivalent amount of
marijuana in MIPs, that a registered qualifying patient would reasonably be expected to
need over a period of 60 calendar days for his or her personal medical use, which is ten
ounces, subject to 105 CMR 725.010(I).); 105 CMR 725.010(I) (certifying physician
may determine and certify that a qualifying patient requires an amount of marijuana
exceeding 10 ounces as a 60-day supply and shall document the amount and the rationale
in the medical record and in the written certification. For that qualifying patient, that
amount of marijuana constitutes a 60-day supply.).
On dates prior to the Department of Healths acceptance of applications for
qualifying patient registrations, to have attained the status of a qualified patient, a patient
must have obtained a written certification from a physician for a debilitating medical
- Page 8 of 14 -
condition. See Chapter 369 of the Acts of 2012. Section 13. (Until the approval of final
regulations, written certification by a physician shall constitute a registration card for a
qualifying patient.); 105 CMR 725.015 (C) (A qualifying patient who received written
certification from a physician prior to the effective date of 105 CMR 725.000, or prior to
the Department accepting applications for qualifying patient registrations, and who used
that written certification as his or her qualifying patient registration card, must apply for a
registration card according to the procedures set out in 105 CMR 725.015 no later than
January 1, 2014, unless otherwise specified by the Department; however the initial
certification will remain valid until the application for the registration card is approved or
denied by the Department.).
The definition of written certification under the statue means a document signed by
a licensed physician, stating that in the physician's professional opinion, the potential
benefits of the medical use of marijuana would likely outweigh the health risks for the
qualifying patient. Such certification shall be made only in the course of a bona fide
physician-patient relationship and shall specify the qualifying patient's debilitating medical
condition(s). See Chapter 369 of the Acts of 2012, Section 2 (N).
3.2. There was no probable cause to search.
No facts supported probable cause to believe MURRAY had the intent to distribute
marijuana. All facts indicated that MURRAY was a qualified patient and was acting
lawfully under the law. And, therefore there should be no punishment under state law.
MURRAYs possession of 5 -6 ounces of marijuana does not support probable cause to
- Page 9 of 14 -
believe such possession is criminal.
DESSERTs ignorance of the medical marijuana law does not excuse the his actions.
Searches premised on police officer's mistake of law, even a reasonable, good-faith mistake,
are generally held to be unconstitutional See Commonwealth v. Rivas, 77 Mass. App. Ct.
210, 216217 & n. 6, 929 N.E.2d 328 (2010) (stops premised on police officer's mistake of
law, even a reasonable, good-faith mistake, are generally held to be unconstitutional), and
cases cited therein. See generally, Commonwealth v. Chown, 76 Mass. App. Ct. 684, 696, 925
N.E.2d 562 (2010) (Trainor, J., dissenting) (quoting from United States v. Chanthasouxat,
342 F.3d 1271, 1280 [11th Cir. (2003) ]) (even though the officer may have acted in good
faith, the good faith exception to the exclusionary rule ... should not be extended to excuse
a vehicular search based on an officer's mistake of law ), further appellate review granted,
457 Mass. 1107, 931 N.E.2d 468 (2010).
3.3. Because there was no probable cause to search, this Court should suppress
evidence obtained in search.
When there is no probable cause that a crime is being committed, courts cannot
condone such an intrusive measure as a warrantless search. Commonwealth v. Porter P.,456
Mass. 254, 274 n. 19, 923 N.E.2d 36 (2010). Since there was no probable cause that
MURRAY was committing a crime, the items found during search should be suppressed.
3.4. The detention of defendant was unlawfully prolonged.
Furthermore, DESSERT should have released MURRAY from the traffic stop
- Page 10 of 14 -
upon completion of citation process. Detaining a vehicle to issue a traffic citation, must last
no longer than reasonably necessary to effectuate the purpose of the stop, barring other
reasons to detain. See Commonwealth v. Garden, 451 Mass. 43 , 46 (2008). In order to
expand a threshold inquiry of a motorist and prolong his detention, an officer must
reasonably believe that there is further criminal conduct afoot. Commonwealth v. King, 389
Mass. 233, 243, 449 N.E.2d 1217 (1983). DESSERT expanded the threshold inquiry of
stop and prolonged MURRAYs detention based on the smell of marijuana. The smell of
marijuana alone is not a fact that reasonably indicates criminal conduct is afoot.
For purposes of criminal possession of marijuana, standard to justify either
reasonable suspicion or probable cause now requires at least two additional facts to
support reasonable suspicion of actual criminal activity: (1) a fact suggesting
possession of over an ounce of marijuana and (2) a fact suggesting non-medical use of
marijuana.
Before decriminalization of marijuana, any odor, indicating the presence of
marijuana, alone may provide sufficient fact to meet the threshold of either reasonable
suspicion or probable cause. See Commonwealth v. Daniel, 464 Mass. 746, 751 (2012)
(Prior to the passage of the 2008 initiative, odor of marijuana alone can supply probable
cause to believe that marijuana is nearby, and therefore probable cause to search for
contraband. quoting Commonwealth v. Garden, 451 Mass. 43, 48 (2008)).
After decriminalization, where the status of possessing one ounce or less of
marijuana was converted to a civil violation from criminal, in order to justify reasonable
suspicion or probable cause, there must be at least an additional fact suggesting actual
- Page 11 of 14 -
criminal activity, i.e., a specific and articulable fact from which one can reasonably infer
possession of over an ounce of marijuana. Commonwealth v. Cruz, 459 Mass. 459 (2011).
The Court in Cruz held that smell of marijuana, indicating the presence of marijuana, alone
would not provide reasonable suspicion of criminal activity, nor probable cause to search.
459 Mass. 459, 472. (Given our conclusion that G. L. c. 94C, 32L-32N, has changed
the status of possessing one ounce or less of marijuana from a crime to a civil violation,
without at least some other additional fact to bolster a reasonable suspicion of actual
criminal activity, the odor of burnt marijuana alone cannot reasonably provide suspicion of
criminal activity to justify an exit order.).
Interestingly, the Cruz court, however, refused the defendants request to further
increase the required standard of reasonable suspicion by extending Courts line of cases
concerning the reasonable suspicion standard wherein the items are not necessarily criminal
to possess. 459 Mass. 459, 473 (2011) See e.g., Commonwealth v. Landry, 438 Mass. 206 ,
210 (2002) (Possessing a hypodermic needle is not necessarily a crime; licensed
physicians and private citizens may lawfully possess hypodermic needles); Commonwealth
v. Alvarado, 423 Mass. 266 , 270 (1996) (carrying a concealed weapon is not, standing
alone, an indication that criminal conduct has occurred or is contemplated);
Commonwealth v. Toole, 389 Mass. 159 , 163 (1983) (carrying a .45 caliber revolver is not
necessarily a crime).
Cruz reasoned that these cases are inapposite. 459 Mass. 459, 473 (2011).
[I]n proper circumstances, possession of a licensed gun or a hypodermic
syringe is legal. In contrast, possession of marijuana, in any amount, remains
illegal; decriminalization is not synonymous with legalization. See G. L. c.
- Page 12 of 14 -
94C, 31; G. L. c. 94C, 34. Because marijuana remains unlawful to
possess, any amount of marijuana is considered contraband. See Black's
Law Dictionary, supra at 365 ("contraband" defined as "[g]oods that are
unlawful to import, export, produce, or possess").
Id.
Since January 1, 2013, however, possession of marijuana, in proper circumstances, is
legal. The 2012 initiative, An Act for the Humanitarian Medical Use of Marijuana, provides
that there should be no punishment under state law for qualifying patients, physicians and
health care professionals, personal caregivers for patients, or medical marijuana treatment
center agents for the medical use of marijuana, as defined herein. Section 1. Purpose and
Intent.
Accordingly, indicia supporting the inference of possession of marijuana over an
ounce of marijuana, no longer indicates the presence of contraband. The standard of
what is required to provide reasonable suspicion has accordingly changed. The Court
may now extend the line of cases supra at 11, because now, in proper circumstances,
possession of marijuana is legal. Accord Commonwealth v. Landry, 438 Mass. 206 , 210
(2002) (The mere possession of an item that has many lawful applications but may be
contraband in other circumstances does not, by itself, constitute probable cause to believe
that the possession is illegal. Citing Commonwealth v. Couture, 407 Mass. 178, 552 NE 2d
538 (1990) (Despite a statute criminalizing the carrying of a firearm, the statute lists four
exceptions to this general rule, two of which include having in effect a license to carry
firearms. Therefore a police officer's knowledge that an individual is carrying a handgun, in
and of itself, does not furnish probable cause to believe that the individual is illegally
carrying that gun. Mere possession of a handgun was not sufficient to give rise to a
- Page 13 of 14 -
reasonable suspicion that the defendant was illegally carrying that gun.)).
Therefore, for purposes of criminal possession of marijuana, standard to justify
either reasonable suspicion or probable cause now requires at least two additional facts
bolstering reasonable suspicion of actual criminal activity, (1) a fact suggesting possession
of over an ounce of marijuana and (2) a fact suggesting non-medical use of marijuana.
In applying this standard, DESSERT was not justified in questioning the defendant
about the smell marijuana, and was not justified in expanding the threshold inquiry and
prolonging MURRAY detention. All items that were obtained from the subsequent search
should be suppressed.
3.5. Stop was wrongful.
As can be see in http://ow.ly/vMRnJ and Exhibit C, Defendants white van did
not enter the intersection when the light was red. And there was no indication that the
Defendant could safely stop for red light, as it appeared that the light just turned yellow
when van entered intersection. Defendant did not violate MGL Ch. 89 9.
4. Conclusion
For the reasons stated above, there was no probable cause to search defendant, and
all items found in search should be suppressed.

- Page 14 of 14 -


Dated: April 14, 2014
Respectfully submitted,



Marvin Cable, BBO#: 680968
Law Offices of Marvin Cable
P.O. Box 1630
Northampton, MA 01061
E: law@marvincable.com
P: (413) 268-6500
F: (888) 691-9850

ATTORNEY FOR DEFENDANT

"#$%& '( )'*"&*"+
Exhibit A:
Aff. of Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Exhibit B:
Pol i ce Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Exhibit C:
Vi deo Thumbnai l s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Exhibit Page 1
&,-.$." #/
Aff. of Defendant

Exhibit Page 2
C o m m o n w e a l t h O f M a s s a c h u s e t t s
D i s t r i c t C o u r t i n D u d l e y
STURBRIDGE P.D.,
Plaintiff,
V .
BEN MURRAY,
Defendant
Cr i mi nal Ac t i on No. : 1364CR003053
A F F I D AV I T O F D E F E N D A N T I N S U P P O R T O F D E F E N D A N T ' S
MOT I ON T O S U P P R E S S E V I D E N C E
I, Ben Murray, the Defendant in the above-numbered complaint, hereby state the
following is true to the best of my knowledge and belief:
1. On September 7, 2013 during the later afternoon hours, I was operating a motor
vehicle on Route 20 West in Sturbridge, MA. As I came to a dual set of lights
roughly 100 yards apart in front of the Motel 8 the rst set of lights was just
turning yellow so I continued through to the second set of lights slowing down to
stop as it was turning red.
2. 1 stopped behind another vehicle for roughly ten to fteen seconds waiting for
the light to turn green and as I looked in the driver side mirror to proceed, I saw
a set of ashing lights so 1 started to pull over.
3. At approximately 6 PM I was stopped by a member of the Sturbridge Police
Department. The Ofcer approached my vehicle and told me to pull off of Route
20 into a restaurant parking lot. I pulled off of Route 20 as instructed and gave the
Ofcer my license and registration. As I gave him my information he said to me
"I his stop is being recorded." He went to his vehicle and returned briey with a
ticket in hand and said "I gave you a warning for the red light violation and $25.00
Page 1 of 3

Exhibit Page 3
for no seatbelt.", then asked "Are there any drugs in the vehicle?" I instantly
replied "yes, some marijuana." He asked how much and I replied "six to seven
ounces" and advised that I am a medical marijuana patient and retrieved my
Doctor's rtH:ommendation and mailed receipt and handed it to him advising that I
arn allowed to possess ten ounces. He then replied "What law^?" He asked me to
see the nuuljuana and I gave him my Tupperware with my medication. He then
replied "How am I supposed to know that this is ten ounces?" Tlien he told me to
exit the vehicle. At that point a couple of more ofcers showed up and one of
them gave me a sobriety test.
4. At that time, a different ofcer conducted a search of my motor vehicle, person
arid back-pack in which I carry my medication and accessories. At that point they
plv-vd rac under arrest and brought me to the Sturbridge Police station and
towed my vehicle.
5. At no time did the ofcer show me a warrant for my arrest or a search warrant for
me and the automobile 1 was operating.
n. Hierefore, I believe that neither an arrest warrant nor a search warrant existed
that authorized the arrest or seaixh of my person. I also believe that a search
warrant di d not exi st that authori zed the search of the automobi l e I was
operating.
7. Under Massachusetts law, 369 Mass Acts, I am informed and believe that I m
allowed to oosses a sixty-day supply of medical marijuana and do so without
being subject to atrest or prosecution. I have satised all requirements under that
law, and also the new regulations.
Page 2 of 3

Exhibit Page 4
Si gned under t he pai ns and penal t i es of perj ury t hi s day of 20
Ben Murray, Defendant
Commonweal t h of Mas s ac hus et t s
^ ^ s s
The forgoing instrument was acknowledged by me this ^ ^ day ofCjHoVQ^ 20
M^viAra-i^ ^ho is personally known by me or who has
produced: T> * as identification .
K - A a
State of Notary's Commission
IviJgvVa ^
Printed Name of Notary
f c - ^ I - 2 - C 2 , 0
Notary's Expiration
Notary Identication Number (optional)
Notary's Seal
Page 3 of 3

Exhibit Page 5

Exhibit Page 6



Exhibit Page 7
&,-.$." $/
Police Report

Exhibit Page 8
Sturbridge Police Department
Arrest Report
Arrest #: 13-508-AB.
Call #: 13-19787
Date/Time Reported : 09/07/2013 @ 1802
Arrest Date/Time: 09/07/2013 @ 1830
Booking Date/Time: 09/07 /2013 @ 1845
OBTN: TSTR201300508
Court: DUDLEY DISTRICT COURT
Court Date: 09/09/2013 @ 0830
Reporting Officer: SERGEANT EARL DESSERT
Assisting Officer: PATROLMAN DANIEL HEMINGWAY
Booking Of fi cer : PATROLMAN DAVID FORTIER
Approving Officer: SERGEANT EARL DESSERT
Signature:
ail For Court : DUDLEY DISTRICT COURT
Personal Recognizance Set 40 .00
Personal Recognizance Set
Bail Set By : CANO KENNETH CANDITO
Bail Unpaid :
Signature:
Set: 09 /07 /2013 @ 1920
Page: 1
12/26/2013
# DEFENDANT ( S) SEX RACE AGE SSN PHONE
1 MURRAY, BEN R
36 MONSON RD
WALES MA 01081- 9714
Military Active Duty: N
HEIGHT : 602
BODY: NOT AVAIL.
DOB:
LICENSE NUMBER:
PCF #: 2263394
Home Phone
WEIGHT: 180
M w
HAIR: BROWN EYES: BROWN
COMPLEXION: NOT AVAIL .
PLACE OF BIRTH: WARE, MA
ETHNI CITY: UNKNOWN
(Primary)
GLASSES WORN : NO

Exhibit Page 9
Sturbridge Police Department
Arrest Report
Arrest #: 13-508-AR
Call #: 13-19787
Page: 2
12/26/2013
# DEFENDANT(S) SEX RACE AGE SSN PHONE
RIGHTS ADVISED BY: SERGEANT EARL J DESSERT
PHONE USED: N
ARRESTEE SECURED: N
FINGERPRINTED: Y
PHOTOGRAPHED: Y
SUICIDE CHECK: Performed
PERSONS: State&Federal
NCIC VEHICLE CHECK: Not Performed
INJURY OR ILLNESS: N
DATE/TIME: 09/07/2013 @ 1846
# OFFENSE (S) ATTEMPTED TYPE
LOCATION TYPE: Highway/Road/Alley/Street
452 MAIN ST @ FAIRGROUNDS RD
Zone: SOUTH OF RTE 20
STURBRIDGE MA 01566
1 DRUG, DISTRIBUTE CLASS D
94C/32C/A 94C 32C
OCCURRED: 09/07/2013 1802
CRIMINAL ACTIVITY: Distributing/Selling
2 DRUG, POSSESS CLASS C
94C/34/E 94C 34
OCCURRED: 09/07/2013 1802
CRIMINAL ACTIVITY: Possessing/Concealing
N Misdemeanor
N Misdemeanor
# VEHICLE (S) YEAR MAKE STYLE COLORl COLOR2 REG VALUE
1 E250 2006 FORD
STATUS: Suspected
OWNER: MURRAY, BEN R
VIN: ............. ..
VN
TOWED TO: STURBRIDGE SERVICE CENTER
131 RTE
STURBRIDGE MA 01566
TOWED BY: STURBRIDGE SERVICE CENTER
WHI
MA--
$500.00
DATE: 09/07/2013
TOWING CHARGES:
# DRUG(S) PROPERTY # STATUS
1 MARIJUANA
13-344-PR Seized (Not Previously Stolen)
QUANTITY: 13.290 (Ounces) VALUE: $3,322.50 DATE: 09/07/2013
OWNER: MURRAY, BEN R
2 HASHISH
13-345-PR Seized (Not Previously Stolen)
QUANTITY: 4.000 (Ounces) VALUE: $100.00 DATE: 09/07/2013
OWNER: MURRAY, BEN R

Exhibit Page 10
Sturbridge Police Department
Arrest Report
Arrest #: 13-508-AR
Call #: 13-19787
Page: 3
12/26/2013
# OTHER PROPERTIES PROPERTY # STATUS
1 LEDGERS 13-346-PR Evidence (Not Nibrs Reportable)
QUANTITY: 1 VALUE: $0.00
SERIAL #: NOT AVAIL
DATE: 09/07/2013
OWNER: MURRAY, BEN R
2 CASH 13-347-PR Seized (Not Previously Stolen)
QUANTITY: 1 VALUE: $550.00
SERIAL #: NOT AVAIL
DATE: 09/07/2013
OWNER: MURRAY, BEN R
3 SCALE, GRINDER, 2 PIPES, BAGGIES 13-348-PR Seized (Not Previously Stolen)
QUANTITY: 1 VALUE: $20.00
SERIAL #: NOT AVAIL
DATE: 09/07/2013
OWNER: MURRAY, BEN R
4 DVD OF TRAFFIC STOP 13-481-PR Evidence (Not Nibrs Reportable)
QUANTITY: 1 VALUE: $5.00
SERIAL #: NOT AVAIL
DATE: 12/01/2013

Exhibit Page 11
Sturbridge Po1ice Department
NARRATIVE FOR SERGEANT EARL J DESSERT
Ref: 13-508-AR
Entered: 09/07/2013 @ 2043
Modified: 09/08/2013 @ 1625
Approved: 09/08/2013 @ 1625
Entry ID: 213
Modified ID: 213
Approva1 ID: 213
Page: 1
On Saturday, September 7, 2013 at about 1802 hours, I was stationary at Rt. 131 and Rt.20 (both public ways)
when I observed a white Ford Van (MA Reg ) traveling westbound passing the intersection of Rt. 131.
As the vehicle approached the intersection the light was yellow, this allowing the operator sufficient time to stop
safely. The operator did not attempt to stop nor did he slow, he proceeded to travel through the light and as he
did the light turned red, this being a violation ofMGL 89/9. It should be noted that traffic was heavy due to the
Brimfield Flea Market.
I subsequently initiated a traffic stop and the vehicle came to a stop in Bentley's parking lot. I approached the
driver's side and requested a license and registration from the operator. The operator produced a MA License
that identified him to be Ben Murray. I asked Murray if he knew why he was being stopped. Murray informed
me he did not. I informed Murray that he went through a red light. Murray informed me it was yellow. I asked
Murray if he was wearing his seat belt. Murray informed me he was not. It was at this time I returned to my
patrol car and wrote Murray a written warning for the red light violation and citation for the seat belt violation.
Upon approaching the vehicle a second time, I smelled an odor of fresh marijuana coming from the vehicle. I
asked Murray where he was coming from. Murray told me he was coming from a friends house. I asked Murray
if he had anything illegal in the vehicle. Murray informed me he did not and went on to say that he only had a
little marijuana on him but he had a medical marijuana certificate. I asked him how much marijuana and Murray
stated he had 5-6 ounces on him. I asked Murray if I could see the marijuana. Murray subsequently reached
down between his seat and pulled out a large plastic container and handed it to me. In the container was a large
quantity of fresh raw marijuana. (later field weight of 11.4 ounces). The amount of marijuana handed to me was
well over one ounce and I suspected that Murray was in possession of marijuana with the intent to distribute.
Murray also handed me a piece of paper titled "Recommendation for the Humanitarian Use of Marijuana in
Massachusetts". This paper indicated that it was issued from a Dr. out of Northampton MA. Murray informed
me that it was his medical marijuana permit and he was allowed to have up to 10 ounces on him. I have attached
and incorporated this form herein. Murray also handed me a return receipt from the MA Dept. of Public Health.
This had no other information besides that the DPH signed for a piece of mail on 6/24/13.
I requested Murray to exit the vehicle and requested a second patrol vehicle to my location. It was at this time I
also noticed a partially burnt marijuana joint on the floor of the vehicle. Officer Lombardi arrived on scene and
I instructed him to give Murray SFST's. Murray passed these tests.
Upon searching the vehicle, I located a backpack that was located in the area where the plastic container of
marijuana was. In that backpack I located the following items:
1. Cannabis Now & Green Leaf magazine- These magazines are highlight cultivation of marijuana.
2. Plastic bag with marijuana (1.7 ounces)
3. Zip lock bag with marijuana (0.9 ounces)
4. 2 separate plastic bags with marijuana (0.2 ounces)
5. 2 additional plastic bags with marijuana (both weighing 0.4 ounces)
6. Plastic container with Hash ( 4 grams) This being a CLASS "C" substance
7. Ledgers with numbers and weights
8. Family Pack of Zip lock bags
9. scale

Exhibit Page 12
Sturbridge .Police Department
NARRATIVE FOR SERGEANT EARL J DESSERT
Ref: 13-508-AR
Entered: 09/07/2013 @ 2043
Modified: 09/08/2013 @ 1625
Approved: 09/08/2013 @ 1625
10. Marijuana grinder
Entry ID: 213
Modified ID: 213
Approval ID: 213
Page: 2
Based on my training and experience I know that drug dealers will often keep ledgers to track their product and
profits. I also know that drug dealers will often carry plastic bags and scales on them for weighing and
distributing their product. Based on the fact that there was a large quantity of marijuana accompanied by
numerous other bags, empty baggies , Ledgers and a scale I have Probable Cause that Murray was in possession
of marijuana with the intent to distribute it. I subsequently requested Officer Lombardi to place Murray under
arrest.Once Officer Lombardi conducted a search of Murray he located $550 in cash on Murray. This money
was later seized and tagged into evidence and will be submitted to the District Attorney for the Asset Forfeiture
process.
I The vehicle was inventoried by Officer Lombardi and Officer Hemingway. During the inventory two marijuana
pipes were located along with a marijuana joint in the front seat area. The vehicle was towed by Sturbridge
Service Center.
Murray was transported to the police station where he was booked in accordance with policy. Murray was read
his Miranda and acknowledged that he understood his rights. Murray opted not to speak with us regarding this
incident. While I was processing the evidence Murray informed me that he makes his own hash. This was an
unprovoked statement.
All evidence collected was tagged, photographed and secured into evidence.
It should be noted that Murray was cooperative and polite throughout the process.
** Portions of this report have been redacted **

Exhibit Page 13
Sturbridge Police Department
Images Associated with 13-508-AR

Exhibit Page 14
Sturbridge Police Department
Images Associated with 13-508-AR

Exhibit Page 15
Sturbridge Police Department
Call Number ?rinted: 09/07/2013
E" - .. Date: 09/07 /2013 Saturday
Cal.1 Number Time Cal.l Reason Action
'.L3-19787 1802 Initiated - M/V STOP CITATION/BY-LAW ISSUED
Call Taker:

Initiated By:
Dnit:
Unit:
Unit:
Unit:
DISPATCHER TONI.AH L M..li...LONEY
452 ST @ FAIRGROUNDS RD
7 - SERGEANT J DESSERT
7 SERGEANT EARL J DESSERT
5 PATROL..J\1.1.."Zilir JOSEPH D LOM3ARDI
Arvd-18:02:00 Clrd-19:30:22
Disp-18:10:09 Arvd-18:10:23 Clrd-18:48:44
3 PATROLMAN DANIEL J HEMINGWAY
Disp-18:10:49 Arvd-18:13:56 Clrd-18:48:35
MCl PATROL..lVJA_N DAVID T FORTIER
Disp-18:45:35 Arvd-18:45:38 Clrd-19:30:39
Priority
2
Vehicle: WHI 2006 FORD V"N E250 Reg: PAN J:vl_:li 93VK58 VIN: 1FTNE24W76H..;ll,..27935
Page:
Towed:
Operator:
For: A...'R.REST By: STURBRIDGE SERVICE CENTER To: STURBRIDGE SERVICE CENTER
BEN R @ 36 MONSON RD - WALES, 01081-9714
OLN: MA S51108011
Refer Citation: R3671164
Owner: MURRJi._y, BEN R @ 36 MONSON RD - 01081-9714
Narrative: 09/07/2013 1828 DISPATCHER TONLlUI L MALONEY
Modified By: 09/07/2013 1930 DISPATCHER TONI.AHL MALONEY
(1824) 340 - NEXT IN LINE, SAB CONTACTED
(1825) 213 - ONE UNDER AT THIS TIME
(1826) 213 - CODE 5/7 WITH 1
BEG 5056
(1828) IN STATION, BEG TAPE
(1928) M.n..LE SECURED IN CELL 7, END TAPE
Refer To Arrest:
Arrest: MURRAY, BEN R
Address: 36 MONSON RD WALES,
DOB: 03/12/1979
Charges: DRUG, DISTRIBUTE CLASS D
DRUG, POSSESS C
l

Exhibit Page 16
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Exhibit Page 17
SENDER:-COMPEETE THIS SECTION
11 Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery ls desired.
!ii Print your name and address on the reverse
so that we can return the card to you.
11 Attach this card to the back ot the mailpiece,
or on the front if space permits.
1. Article Addressed to:
r"\ A;Sec.c"'- v-Sc fu '-
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,}._')CJ kJa.' k ..... s 1-e ,{ St '
So ITT"" I v'li\ r+ . a!) ( (J
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2. Article Number
COMPLETE: THIS SECTION ON DELIVERY
D Agent
D Addressee
!f YES, enter delivery address below:
D Express Mail
3. Senrice Type
Mail
D Registered
D Insured Mail
D Return Receipt for Merchandise
0 C.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
(f ransfer from seNice label) 7012 2920 DODD 8755 7544
PS Form 3811 , February 2004 Domestic Return Receipt

Exhibit Page 18
,JIU Griffin, MD
PedalMed.com
41 Locust Street, Northampton, MA 01060
413"588-6848
Massachusetts Department of Publlo Heal!h
250 Washington Street
Boston, MA 01208
To Whom H May Concern:
r would like lo apply enroll In t11e medical marijuana .
and logether, we have determined that I suf/er fro program. J have been evaluatEl\1 by Jill G rlffln MD
risks versus benefits of using medlcal deblflta\lng medJca/ condition. I have th
program. I realize that Dr. Grlflln oan't "prescribe" r Griffin and I am making a choice to enroll In tl1:
na1 uana, she may only "recommend" ii'
f ackno I d h s use.
we ge I e tlmltallons on my aulhorlzallon t
The Commonwealtt1 o/ Massachuseus. o possess and use marijuana for medical purposes in
I sites! by signing below that I will nol engage In the diversion ol '/ man uana.
I attest by s!gnlng below that I understand II
marijuana for niedlcal use are app!tcable cMllons conferred by lhe Act for possesslon of
1 n assachuseUs.
I a Ile st by signing below that the Stale or Massad1use!ts Js my primary state of residence
1 sltest by signing below that I under 1
dale of Issue
8
and that my registration Is vaUd for a perlod of 0,, y 1 e ear rom the
I aUeat by signing below ll1at I am J tJ - ----years of age.
Patient Last Name: fV) v.,r n;...----------
Pallent FJtsl Name: _}.Se

Dale of Birth: 'I ____ . ___ _
Ad'""' __bl.ill_
\.- c._.\.e _
Phone: t//3-ll..&'-S"b.3? Emall: _o/L,/mf;<r6rrJ (.) /,,.t -- ( ,
r .... ("){"
Pallent Signature: 1Jflft1.-
Date:
Ji11GrHfl11, MD
PetlalMed.com
41 Locust Street, Nrnlilamp\on, MA 01060
413.588.6848
Recommendation for the Huma11\larlao Medical Use of Marijuana In Massachuse\ls
Patient h1for111atlon:
Last Name:
Date of Blrt11. 3
Street:
First Name: ___fu.ci___._ _______ _
Phone: Lll?>-!a61{-i1.1"1
C\ty: \A) 0 \ <. > ----------- MA Zip: ....Q.1Jl\----
Physician lnfofmatlon:
Name:
Bus. Address:
Bus. Name:
MA Med Uc#:
MD DEA:
FED DEA:
Phone:
ernall:
Fax:
Jiii Griffin, MD
41 Locust St., Northampton, MA 01060
Maglc carpel Medical, LLC dba.Peda!Med.com
156085 exp
MG0481678A
BG5962445 nd XG5962445
413-588-6848

none
-----------------------PLEASE DO NOT WRITE BELOW THIS LINE------------------
1, Jlll Griffin, MD, am ttie cer\ifylng physician. I conducted a cllnlcal v\sll, compleled an assessment of mY pallent's
current medical condllion, h8'v'e explalned the potential rlsks versus bene1ils of marijuana wilh \Ile patient, and have
scheduled fo!!owup with my patient. In my professional oplnlon, the polent!al benefits of !he medk;al use of marijuana
lil(ely outweigh the risks for lhls patient.
Oeblllta!lng Medical Condltlora: -pel.'.n
SJgnsisvmptoms: -13",_I
! ..Q..OJ s?-Dl'.)
"Tills certlficatlon expires one year from the date It was signed

Exhibit Page 19
--- -- -------
TOWN OF STURBRIDGE
POLICE DEPARTMENT
Office of the Chief of Police
THOMAS J. FORD ill
346 Main Street, Sturbridge, MA 01566
Office (508) 347-2525 Fax (508) 347-7904
Sturbridgepd@charter.net ___ .. -
IMPOUNDED MOTOR VEIDCLE
INVENTORY CONTROL SHEET
Report Number: Date: <j.- 7 / s Time: b SC ;:>.fh
Vehicle Operator: Dl'r" i /)YI'!" l"</'.1'"/J-J '
Registrati9J! Number: 3 V )_: $ g Scite: (11 :'.\: Make: fa 1?' 0
Model: CJ. 5 0 Year:" Vin#: ________ _
Location of where inventoried: I <?1J 1 - ;{ _,. f :JO
Interior/Exterior Damage
Roof: V--
Rear: /
Windows: _____
Lights: ____ _
Right: ..,/ Wheels/Tires:
---t.<'--------------
Other:
Electronic Equjpment (presence/condition)
Built-in: v After Market: Am Radio:
--cc-----
AM/FM Radio- Cassette: CB Radio: CD: ___ _
Mobile Phone: TV: Other:
Glove Compartment/Console Qist all articles, containers & contents & condition):
u, 1 A Or'i' -
S,e;it Area-Front/Rear (list aj) articles, containers & contents & condition): .
fecf:S,qW,. C P'l., h(lcf-c . .qw , 114 Ooi C hec l: hao/,y c (
1
() hc:ri!ZC:>,
Trunk (list all articles, containers & contents & condition): Spare Tire: _____ _
Jack: Toolbox:--------------------
h J 1 iJ
Valuables of Note:
Reason for Tow: Accident _____ Arrest \7
Other
Inventory Officer: D \.W JV) i "'S
0
i'r"-'I
Supervising Officer: CJ
Additional Comments:
/
Abandoned ____ _
l.D.# 3'l.fo
l.D.#
---------------------
The Mission of the Sturbridge Police Department is to work in partnership with the Community to protect
life and property, solve neighborhood problems, and enhance the quality of life in our town.
The Town of Sturbridge is an Equal Opportunity Organization

Exhibit Page 20
TOWN OF STURBRIDGE
POLICE DEPARTMENT
Office of the Chief of Police
THOMAS J. FORD, III
346 Main Street, Sturbridge, MA 01566
Office (508) 347-2525 Fax (508) 347-7904
Sturbridgepd@charter.net
Name: //lu // c-'1
Last
Miranda Warning:
Statement of Rights
First
1. You have the right to remain silent.
Middle
2. Anything you say can and will be used against you in a court of
law.
3. You have the right to talk to a lawyer for advice before we ask you
any questions and to have him/her present with you during
questioning.
4. If you cannot afford a lawyer, one will be appointed for you before
questioning if you wish.
5. If you decide to answer questions now without a lawyer present,
you will still have the right to stop the questioning at any time until
you talk to a lawyer. v'.
6. DoyouLllltlerstand-what I have readto you? 11' .I
7. Having these rights in mind do you wish to talk to me now? __jj!_!:!.
RIGHT TO A TELEPHONE
General Laws Ch 276, Sec 33A: The police official in charge of the station or other place
having a telephone wherein the person is held in custody, shall permit the use of the
telephone at the expense of the arrested person, for allowing the arrested to co=unicate
with his family or friends, or arrange for release on bail, or engage the services of an
attorney. Any such person shall be informed forthwith upon his arrival at such station or
place of detention, of his right to use the telephone, and such use shall be permitted
within one hour thereafter.
lJ#i Z:. ~ f u e
The Mission of the Sturbridge Police Department is to work in partnership with the Community to protect
life and property, solve neighborhood problems, and enhance the quality of life in our town.
The Town of Sturbridge is an Equal Opportunity Organization
Exhibit Page 21
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Video Thumbnails

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