Legal Question in Criminal Law in Massachusetts

probable cause to stop and search vehicle

Is this sufficient cause to stop and search a vehicle? I pulled info off of police report. On his rounds one day a police officer observed my son's vehicle parked at a house he suspected of selling drugs. he saw a person leave house and enter passengers side of vehicle. another officer was radioed and the car pulled over. occupants and car were searched. they also charged him with going thru a red light?? Pot was found on the passenger who was arrested and then police searched remaining 3 - 17 year olds boys in car and found nothing. they proceeded to search trunk and remainder of car, they say they found fragments of leafy substance on rug and seat and arrested my son, driver of car , I am owner of car. I think they created or embellished what they found in car, if there was any pot it would have been mixed with sand, mud,food, and who knows what else , nothing recognizable, he keeps it pretty disgusting. Bottom line: did they have the right to pull him over? and then search car? does red light charge complicate things? thank you very much


Asked on 7/06/06, 1:43 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: probable cause to stop and search vehicle

The way you phrased the police report suggests that you really need someone to review the police report in totality. If there is a red light violation, the police can pull the car to the side. From, there is depends what behavior they say by one or more of the occupants, and then these observations can lead them to the search of the car. But the complete police report is the first place to start. If you would like to have the report reviewed contact an attorney or me. I suspect that you son is being charged with at least possession?

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Answered on 7/06/06, 2:15 pm
Martha Kovner Law Offices of Martha J. Kovner

Re: probable cause to stop and search vehicle

You should hire an attorney who can review the police report in its entirety along with hearing from your son as to what his side of the story is in order to determine whether there was probable cause to stop and then search the car. It takes more than just repeating the police report to determine those issues--other factors are time of day, location of car, actions of parties in the car etc.. I hope that this helps. Please feel free to contact me further. Martha Kovner

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Answered on 7/06/06, 3:38 pm


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