Drug charges dropped on technicality against Lynn man

SALEM – Narcotic charges against a Lynn man were dropped Wednesday after a Superior Court judge determined that police did not have probable cause to search him.Ross Legallo, 41, of 9 Oxford St., #2, Lynn, stood charged with possession with the intent to distribute heroin, subsequent offense, as well as distribution of heroin, second offense, in connection with his arrest in Lynn on Aug. 3, 2008.In Salem Superior Court Wednesday morning, Assistant District Attorney John B. Brennan said he was dropping the two charges against Legallo because of a ruling by Judge John T. Lu. Brennan explained that the commonwealth had no case against Legallo as a result of the decision by Lu.Police spotted Legallo driving into a Walgreen’s parking lot on Western Avenue in a silver Mitsubishi and saw what they believed to be a drug transaction between Legallo’s female passenger, Rose Amicone, and the driver of another vehicle.Police moved in and arrested the couple, seizing $80 from the female. Two twists of heroin were found in her purse.They then searched Legallo and reportedly found $1,333 in his pocket believed to be proceeds from drug sales.The commonwealth indicted Legallo as a joint conspirator.The case against Amicone was prosecuted in Lynn District Court but, because Legallo has prior drug offenses, his was presented to a grand jury and indictments were returned.Defense lawyer William O’Hare challenged the search of Legallo, arguing that police did not have probable cause to search his client and Lu agreed.Legallo had been free on his own personal promise to return to court since being arraigned last March.