On Sunday, February 10, 2018, I was assigned to marked unit East-4 and on routine patrol. At approximately 10:10 PM, I was traveling westbound on Broadway in the vicinity of School Street. I randomly queried MA registration XXXX which was the vehicle directly in front of me. The results came back to a XXXX with no inspection sticker. In addition, the driver side break light was out and the muffler was loud and appeared to be defective.
Due to the infractions listed above, I activated my emergency lights and siren and stopped the vehicle at the intersection of Broadway and Fenwick Street – both public ways within the city of Somerville. I approached the passenger side due to traffic congestion and requested the license and registration of the driver, later identified by a passport as XXXX. XXXX informed me that he did not have a license to operate a vehicle and was from Brazil. I asked him if he had a license from his home country and he stated that he did not. I noticed a heavy odor coming from the vehicle, and based on my training and experience I recognized the odor as unburnt marijuana. I also observed in the center cup holder what appeared to be rolling papers and cigar wrappers. These are common methods used to smoke marijuana. I asked the passenger for identication as he did not have a seatbelt on. He was able to produce a passport that identified him as Mr. Breno Da Silva. At the same time as Mr. Da Silva was giving me his passport I asked if there was any marijuana in the vehicle, so I could assess issuing a city ordinance violation of open container of marijuana in a vehicle. Without being asked to do so, Mr. Da Silva reached into the rear passenger seat and produced a black bag stating, “Yeah right here.” It should be noted that the bag was unzipped and was wide open. Inside, I noticed marijuana packed in several separate sandwich bags, a large amount of empty sandwich bags with what appeared to be marijuana residue in them and a scale. Based on my training and experience, this is indicative of drug distribution. I asked if I could see the bag and he handed it to me, where I put it on the hood of the vehicle. Mr. Da Silva is under 21 and may not possess marijuana in any amount absent a medical marijuana card.
I called for additional units and asked both parties to step out of the vehicle. I asked Mr. Da Silva if there was anything dangerous in the vehicle and he responded, “I have a BB-gun in the bag on the seat.” Officer Buswell (East-2) and Soares (East-3) arrived on scene and both parties were frisked, handcuffed and placed on a nearby bench and out of the way of traffic. I removed a green bag from the passenger seat and located a revolver style BB-gun inside, along with brass knuckles. Due to the drug paraphernalia and the brass knuckles, the vehicle was searched incident to arrest. Nothing else illegal was discovered in the vehicle, and I allowed XXXX to call his father, the registered owner of the vehicle, to come take possession of the car. I also discovered a large knife inside of the black bag that contained the marijuana.
Mr. Da Silva was able to understand enough English to have understood me thus far, but did inform me he spoke predominantly Portuguese. Officer Soares read Mr. Da Silva his rights in his native language of Portuguese from a card he keeps on his person. Officer Soares speaks fluent Portuguese and all further questioning of Mr. Da Silva was done through his translation skills. Mr. Da Silva stated he understood his rights. I asked him why the marijuana was packed in several sandwich baggies. He stated, “It’s so I can use a little at a time.” Next, I asked him why he carried the BB-gun on him. His reply was that he, “liked to shoot with it.” When asked about the scale he stated, “its to weigh the marijuana.” Finally I asked if he was selling the marijuana, and that is why it was packaged that way. Mr. Da Silva eventually stated that he sells it to his friends when they want it. When asked how much he gets for an average bag, he said, “fifty dollars.” Based on the items discovered in Mr. Da Silva’s possession and the statements he made post Miranda, I placed him under arrest for the following charges:
M.L. c94C S34C – Drug, Possess to Distribute Class D
M.L. c269 S10 – Dangerous Weapon, Carry (Brass knuckles)
VCO 9 96 – Possession of a Dangerous Weapon (Knife)
I have attached photographs digitally to this report of all the items found in Mr. Da Silva’s possession. In addition, I have seized a phone incident to arrest that Mr. Da Silva was in possession of and using at the time of the stop. I will be applying for a search warrant to image the cell phones content and learn who the owner is, as Mr. Da Silva stated it was not his. Mr. Da Silva was transported to the Somerville Police Station in marked unit 200 operated by Officer Cleary. He was booked by the Shift Commander, Lieutenant Lavey. Mr. Da Silva declined his right to contact the Brazilian Consulate. The following items were seized and taken into evidence:
– (6) Sandwich bags of marijuana. Preliminary weight: 13.9 grams, 7.7 grams, 4.0 grams, 3.7 grams, 5.8 grams, 6.3 grams. Total: 41.4 grams. (Tag #19007548-1)
– (1) Revolver style BB-gun with 4 casings. (Tag #19007548-2)
– (1) Pair of brass knuckles (Tag #19007548-3)
– (1) Knife (Tag #19007548-4)
– (1) Scale (Tag #19007548-5)
– (1) Cell phone (Tag #19007548-6)
– (11) Sandwich bags with residue (Tag #19007548-7)
– Misc. Drug paraphernalia (Tag #19007548-8)
– (2) Bags (Tag #19007548-9)
Officer Kevin Goulart #326