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Main Page Pretext Stops Still OK
(Click here to view the original thread on the MassCops Message Board)

Posted by: Crvtte65

Well, not really a ruling, just upholding pretextual stops. I cannot believe some judges have the blatant disregard to exclude evidence saying pretextual stops are illegal! From COMMONWEALTH vs. Jose F. AVELLAR...

Judge: " The judge concluded that the stop of the Toyota was a pretext and suppressed all of the evidence therein found. However, the judge made additional findings in the event that this conclusion was error. The judge found that, if the stop of the vehicle were legal, the search of the car and arrest of Avellar and Medeiros would have been justified."

The SJC ruled: " a. The stop of the black Toyota. Although the judge referred to the officer's vehicle as "the chase vehicle," his findings show that the officers were following rather than chasing the Toyota. See Commonwealth v. Stoute, 422 Mass. 782, 788-789 (1996). In determining that the stop of the vehicle was illegal, the judge ruled that the stop was "pretextual" and that the Commonwealth had failed to show by a preponderance of the evidence that G.L. c. 90, § 14B, had been violated. No matter the judge's belief that the stop of the Toyota was a pretext, the law is that the officers' motive for stopping the vehicle is irrelevant, and all that need be shown is that they had a reasonable suspicion that the driver of the Toyota had violated G.L. c. 90, § 14B. See Commonwealth v. Ciaramitaro, 51 Mass.App.Ct. 638, 643 (2001).

As found by the judge, at least one officer saw that the driver of the vehicle had failed to signal a turn off the road servicing moderate traffic. We conclude that on the facts found by the judge, the officers had reasonable suspicion that a traffic violation had occurred and, therefore, the right to stop the vehicle."

Posted by: 94c

Thank God the judge was overruled.

There would be another dismissal on someone's BOP

Posted by: NEPS

We should celebrate when a decision like this comes down. As much as we make fun of the SJC, sometimes the conservatives on the court get thr job done for us.

Posted by: Duff112

Quote:

Originally Posted by NEPS

We should celebrate when a decision like this comes down. As much as we make fun of the SJC, sometimes the conservatives on the court get thr job done for us.

There are CONSERVATIVES on the SJC ??????????????

I'd like for you to point out ONE for me.

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