Commonwealth Of District Court

Massachusetts in Dudley

STURBRIDGE P.D.,

Plaintiff,
V .

Criminal Action No.: 1364CR003053

BEN MURRAY,

Defendant

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 MOTION TO SUPPRESS EVIDENCE

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
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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 did not exist that authorized the search of the automobile 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.

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Signed under the pains and penalties of perjury this day of 20

Ben Murray, Defendant

Commonwealth of Massachusetts
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T h ef o r g o i n gi n s t r u m e n tw a sa c k n o w l e d g e db ym et h i s^^d a yo f C j H o V Q ^2 0
produced: T> * as identification .

M^viAra-i^ ^ho is personally known by me or who has

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State of Notary's Commission

Notary's Seal

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Printed Name of Notary

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Notary's Expiration

Notary Identication Number (optional)

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