Legal Question in Criminal Law in Massachusetts

Was there probable cause?

My son was in a car accident caused by another driver. He was taken by ambulance to the hosp. and fortunately was ok. However, we found shortly after that his car was impounded by the police, saying that he had stolen parts on the car. Their probable cause was '' the color of certain parts of the car didn't match ''. In any case, he did in fact replace the doors on his car, but he purchased them off Craigslist and has no receipt. He's an honor student going to college and has never been in any kind of trouble. On top of that, the police showed up at our house with a search warrant for our garage and basement only, but proceeded to go through our whole house. They took items that belong to my husband, and they took my oldest son's car which was being worked on. They had it towed. Is this right? How can we get our property back? & What will happen to my younger son..he really didn't do anything, and i'm not saying that because I'm his mother. The police were terrible to me, and I suffer from a heart condition. The whole situation is surreal.


Asked on 11/07/06, 5:19 am

4 Answers from Attorneys

Re: Was there probable cause?

I wouldneed to see the affidavit filed by the police in connection with the search warrant for your home. If the police exceeded the scope of the warrant, you would have goo dgrounds for a lawsuit against the department. Similarly, mismatched door colors are not, by themselves, enough to amount to probable cause to charge someone with receiving stolen property. Contact me if you wish to discuss either matter.

Read more
Answered on 11/07/06, 8:47 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Was there probable cause?

I agree with Mr. Weicker.

It sounds like a truly distressing situation. The first place to look to check the basis for their action is the police report and then the affidavit in support of the warrant.

If your son bought something off craiglist, he must have some email exchange or some document exchange. How did he pay for the car parts?

You should absolutely get in touch with an attorney. You are welcome to contact me.

Read more
Answered on 11/07/06, 9:25 am
Joseph Murray Joseph M. Murray, Esq.

Re: Was there probable cause?

Free advice is worth what you pay for it. Retain an attorney!

Read more
Answered on 11/07/06, 9:38 am
Dmitry Lev The Lev Law Firm

Re: Was there probable cause?

Is this still an investigation or was your son charged with a crime? What is the next court date? And which court is this in?

Read more
Answered on 11/09/06, 11:44 pm


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts