{"id":3277,"date":"2009-12-23T16:47:48","date_gmt":"2009-07-27T08:25:58","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-07-27T08:25:58","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3277","title":{"rendered":"MA upholds DUI roadblocks"},"content":{"rendered":"

Massachusetts SJC upholds DUI roadblocks, including secondary screening based on observations, under Fourth Amendment and state constitution. Commonwealth v. Murphy<\/a>, 454 Mass. 318, 910 N.E.2d 281 (2009); Commonwealth v. Swartz<\/a>, 454 Mass. 330, 910 N.E.2d 277 (2009).<\/p>\n

“We are not willing to assume that the Defendant, who was not singled out by the informant and was not observed by the officers to have been engaging in any criminal conduct, was in possession of narcotics and subject to warrantless arrest merely because he, along with three other people, was seated at a table upon which there was a dusting of cocaine residue. Because the officers lacked probable cause to believe that the Defendant had committed an offense, the search was not permissible as incident to a lawful arrest.” Suspicion must be individualized, and it does not apply to groups. State v. Richards<\/a>, 2009 Tenn. LEXIS 348 (July 10, 2009) (dissenting opinion<\/a>). <\/p>\n

Defendant was stopped for having an unsecured ladder in the back of a pickup truck. “[B]ecause the trooper’s reasonable suspicion evaporated once he observed that the ladder was secure, the trooper had no reason to detain the defendants to perform the tasks incident to an ordinary traffic stop. Thus, the trooper unlawfully extended the scope of the stop by questioning the defendants regarding their travel plans and requesting identification.” State v. Diaz-Ruiz<\/a>, 2009 Kan. App. LEXIS 767 (July 17, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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