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Defense says stop lacked probable cause in Miller appeal; prosecutor cites drugs and paraphernalia
Summary
In an appeals argument, defense counsel Kevin DeMello said police had only reasonable suspicion, not probable cause, to stop and search Harold Miller, while Middlesex County prosecutors argued officers corroborated citizen tips and found evidence supporting probable cause, including 73.12 grams of heroin and fentanyl.
Kevin DeMello, attorney for Harold Miller, told the Appeals Court that police lacked probable cause to arrest and search Mr. Miller after observing him approach and briefly enter a residence in a drug area and later drive a short distance and park.
DeMello argued the observations described by officers—people with drug histories going in and out of a home and a short car…
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