Guns Found Car After Motor Vehicle Stop Are Inadmissible After Successful Motion to Suppress Unlawful Search and Seizure

Last summer the defendant was driving in a suburban Boston city. According to the police report and the officer who testified at the hearing, the defendant was driving on the wrong side of the road. He nearly hit the officer head on. He nearly hit several other vehicles and pedestrians in the area. In response, the officer made a U-Turn and stopped the vehicle. For officer safety purposes the defendant was removed from the car. The officer then searched a fanny pack on the passenger seat. In the pack he found a gun. The defendant was charged with carrying a loaded firearm under G.L. c. 269 section 10(n), carrying a firearm without a license to carry under G.L. c. 269(a), possession of ammunition under G.L. c. 269 section 10(h) and possession of a large capacity feeding device under G.L. c. 269 section 10(m) improper storage of a firearm under G.L. c. 140 section 131L and negligent operation of a motor vehicle under G.L. c. 90 section 24. The defendant hired Attorney Neyman right away. We obtained a Court Order under Rule 17 permitting access to city street cameras. We also got a court order to obtain parking garage security footage. The videos made clear that the police officer was not telling the truth at the hearing. The defendant was not operating on the wrong side of the road, there was no near accident, there were no pedestrians in the area and the defendant was not operating in a manner that would endanger the public. The judge hearing the motion allowed the motion and suppressed the evidence seized as a result of the unlawful search, i.e. the guns. 

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