Judge Denies Evidence Suppression In Foxborough Drug Bust Case

FOXBOROUGH, MA — A request to suppress evidence obtained in a 2017 drug bust has not been granted.

At attorney for Stephan Pena requested that all evidence obtained during the bust be suppressed. Pena has been charged with possession of fentanyl with intent to distribute and possession of more than 40 grams of fentanyl and his lawyer contended that since police searched his home without a warrant, anything seized for should not be considered n the trial. U.S. District Judge Leo T. Sorokin determined, following a hearing, that the burden of proof has been met when it came to the emergency aid exception being invoked and denied the request.

Police arrived at the Lodge at Foxborough Apartments on Foxborough Boulevard around 2:20 a.m. on Nov. 3, 2017 for a report of a domestic disturbance. Pena told police that his cousin and his girlfriend were fighting and attempted to close the door to his apartment on the officers, according to a police report. When Officer James Cannata attempted to block the door and enter to check on the two who were arguing, Pena allegedly yelled "they are coming in" in Spanish. When police tried to arrest him, he allegedly assaulted them and tried to flee up the stairs.

Once Pena was placed in police custody, officers checked the second floor and found several 55-gallon drums, a baby highchair, diapers, a large pan on a stove top, and several bottles of bleach. Officers also discovered an open door to the patio and it appeared that whoever was on the second floor had fled. The other people inside the house were not located.

A search warrant was executed later that morning. A special DEA team allegedly recovered more than 1,000 grams of fentanyl.

The case is expected to move forward to trial, which should take about a week, according to court records.

Image via Foxborough Police Department