Legal Question in Criminal Law in Massachusetts

arrestable offense/unwarranted search

is driving an unregistered / uninsured vehicle enough for police to cross city lines in order to stop the car? the driver was not speeding etc. butthe car was unreg./uninsured. the officer crossed city line to pull car over and found enough cocaine to arrest on trafficking charges. on the arrest report the charges listed driving unreg car, and failure to stop. however the failure to stop is a false charge - with witness avail to testify that the officer did not have lights/siren on as claimed. the distance between where the alleged pursuit began and where the car pulled over is a matter of well under a mile - not even a 1/4 mile. if the failure to stop is proven false, does it negate the officers right to pursue over city lines and arrest on the spot for driving unreg car? my understanding is that an unreg/unins. car is not an arrestable offense, and nt an offense that warrants searching the car or the person. any info would be appreciated


Asked on 12/14/98, 8:31 pm

2 Answers from Attorneys
Thomas Workman Law Offices of Thomas Workman

Re: arrestable offense/unwarranted search

You need a lawyer, and fast.

Driving a car that is unregistered and uninsured is a criminal violation of MGL ch 90. It is a criminal, and not a civil, violation. A police officer can arrest you if he witnesses you committing a crime. Driving a car without registration and insurance means the police saw you committing a crime, and could arrest you.

There may be grounds to suppress the evidence, but you need to see an attorney quickly to find out. If you cannot afford an attorney, ask for a court appointed attorney. You, or your frined, is in serious trouble...

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street


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Answered on 1/24/99, 4:59 pm
Thomas Workman Law Offices of Thomas Workman

Correction: arrestable offense/unwarranted search

The offenses of unregistered and uninsured in Massachusetts are not arrestable offenses (correction). Failure to stop is an arrestable offense. The police can stop the car if it is unregistered/uninsured. If they stop the car, and the cocaine is in "plain view", they can arrest.

Your situation poses some tricky legal questions that warrant an analysis by an attorney, as I pointed out in my original post. Thanks to a police officer who pointed out that unregistered/uninsured are not arrestable offenses. Usually, an unregistered car has "attached" plates, and the driver is often unlicensed. You may feel that the pretext of the stop and the subsequent arrest were improper. A search incident to an arrest may discover anything in the car, and once the arrest holds, the subsequently found material is properly discovered. There are several ways that the drugs could have been legitimately found by the police, and an attorney should analyze the specifics of your situation.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street, Taunton, MA


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Answered on 4/20/99, 2:12 pm


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