Legal Question in Criminal Law in Massachusetts

Hi.

These situations are fact intensive. Generally, asking a passenger, or even a driver, to exit a vehicle for any reason during a motor vehicle stop violates the Massachusetts Declaration of Rights. The officer has to have reasonable suspicion that the individual has committed a crime to make an exit order. As the interaction progresses, if the officer observes more evidence to give him more reasonable suspicion, the officer can escalate his conduct into a pat-frisk and an arrest.

A "strip-search" on the the road would be unlawful under any circumstances. A strip-search at the station may be OK after a lawful arrest if the officer has probable cause to believe contraband or a criminal instrumentality is concealed.

Joe

(617) 936-0201