A tall man is charged with a Massachusetts shoplifting offense from Lucky Brand Jeans. According to a news account, Maurice Thomas was wearing a baseball hat and is alleged to have left the store with a shirt and a pair of jeans. A police officer is alleged to have seen the defendant with two other individuals and the defendant walk away from the officer. The police searched the defendant and did not find any merchandise.
The police then stopped the vehicle believed to have been occupied by Thomas, a Gray Dodge Avenger where the jeans were found. Thomas' Massachusetts criminal defense lawyer may want to file a motion to suppress as it appears there was not a Constitutional basis for the stop. The general rule in Massachusetts and throughout the United States is that warrantless searches are presumptively unreasonable unless falling within one of the narrow exceptions to the warrant requirement. One exception is the automobile exception where a police can make a warrantless stop if there is probable cause to believe that the vehicle contains evidence of criminal activity. In this case, Thomas was searched without the police finding anything on him there would be a strong argument that there was not probable cause to search the car. It will be critical as to how the testimony at a motion hearing establishes what information the police had prior to searching the vehicle.
While this case raises an interesting legal issue, if the defendant has no record or a relatively minor record the case can likely be resolved without the defendant incurring the risk of a criminal conviction.
As a Dedham criminal defense lawyer, I represent clients charged with OUI, larceny, shoplifting, domestic assault and drug offenses in Dedham, Massachusetts and throughout Norfolk and Bristol Counties. If you are charged with a criminal offense, call for a free consultation. I will set up an appointment at my office and discuss your case and the potential defenses to the charges brought against you. You can reach me at 508-455-4755 or by email.
