A fifth offense Massachusetts OUI case was dismissed as the judge concluded the police unlawfully seized the motorist. Under the Fourth Amendment to the United States Constitution and Article 14 to the Massachusetts Declaration of Rights, a police officer needs reasonable suspicion that a person is committing a criminal act to be able to make a motor vehicle stop.
Generally, reasonable suspicion is provided by police testimony that a traffic infraction was observed. In the Marshfield case from the Plymouth District Court, the police saw the defendant parked in his car and approached the defendant based on a tip from another driver. In these types of cases where the police rely on a 911 call or citizen tip, the police must be able to establish the credibility and reliability of the tip before a judge will find reasonable suspicion to justify a seizure under the Fourth Amendment. If the identity of the citizen caller is unknown, the Commonwealth will have a difficult time demonstrating the veracity and reliability of a tip. In those cases, the police will lack reasonable suspicion to seize and detain a motorist.
If you were arrested for a Massachusetts OUI based on a citizen tip or 911 call, it is important to have an experienced DUI lawyer who will attempt to have the case dismissed by filing a motion to suppress, arguing that the stop was in violation of your Constitutional rights. A motion to suppress the seizure of your vehicle on Constitutional grounds, even if denied typically helps in preparing your defense as it previews the officer's testimony as to how he will testify regarding your driving.
Attorney DelSignore is a Massachusetts DUI attorney available 24 hours a day nights, weekend and holidays to discuss your case.
