Many Massachusetts drug offenses arise from a car stop where police officers allege some traffic violation, that the driver was unlicensed or the car unregistered as a justification to stop the car. Two issues frequently arise in car search cases. In Massachusetts a police officer is not permitted to order a motorist from their car for a traffic violation unless the officer has a reasonable fear for the officer's own safety. The Massachusetts Supreme Court has declined to follow case law from the United States Supreme Court that allows for an automatic exit order when a police officer has reasonable suspicion to stop a motor vehicle.
A second issue that arises is when police do make an arrest and search the vehicle, was the search legally justified under the Fourth Amendment and Article 14 of the Massachusetts Constitution.
In Arizona v. Gant, the United States Supreme Court placed a major limitation on the ability of police to search a car following a traffic stop. Massachusetts search and seizure law under Gant requires that a police officer can only search the passenger's compartment of a car incident to an arrest if it is reasonable to believe that the motorist may gain access to the car or that the vehicle may contain evidence of the offense. Accordingly, following Gant, a police officer cannot search a vehicle following a stop or even arrest for a motor vehicle offense to search for drugs or other illegal narcotics.
Attorney DelSignore is a Massachusetts criminal defense lawyer defending drug cases throughout the state. Attorney DelSignore will vigorously defend your case, protect your constitutional rights and explain the strengths and weaknesses of the Commonwealth's case. Call today to speak to Attorney DelSignore, 508-455-4755 or by email.
