Legal Question in Criminal Law in Massachusetts

vehicle search

can officers search a vehicle at rest on public property past dark without first speaking to the driver or finding any probably cause? the car i was in was parked at a town park when two cruisers pulled up and immediately instructed us to get out while they searched the entire vehicle. they had no prior information about any illegal substances or activities. also, no one in the car was drunk, or appeared so. from their frist impression, nothing was abnormal about the car other than it shouldnt have been parked in that lot past dark. Are officers allowed to search a car for a specific substance (alcohol) without probable cause in this situation?


Asked on 4/02/04, 11:45 pm

1 Answer from Attorneys

Daniel Gindes Law Office of Daniel Gindes

Re: vehicle search

Hi.

From your description this sounds like a very questionable search. However, without reading the police report (so I have both sides of the story), I don't know how a strong a motion to suppress you might have.

Dan Gindes

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Answered on 4/05/04, 9:00 am


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