Legal Question in Criminal Law in Massachusetts

Probable cause to stop & search a vehicle

In a town I know of the police are stopping young people, by having them step out of their vehicle, then searching them & the vehicle, but finding no contraband. Is this a violation of the ''Probable Cause'' law?


Asked on 11/13/06, 10:17 am

1 Answer from Attorneys
Peter Dempsey Peter M. Dempsey, Attorney At Law

Re: Probable cause to stop & search a vehicle

TO STOP A CAR, THE POLICE NEED ONLY A REASONABLE SUSPICION OF CRIMINAL ACTIVITY. THIS IS LESS CAUSE THAN PROBABLE CAUSE. TO ORDER SOMEONE OUT OF A CAR THE POLICE NEED TO SHOW THAT THEY HAVE A REASONABLE BELIEF THAT THEIR SAFETY OR THE PUBLIC'S SAFETY IS AT RISK. TO SEARCH A CAR THE POLICE NEED TO SHOW PROBABLE CAUSE THAT CONTRABAND IS PRESENT.

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Answered on 11/13/06, 10:22 am


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