When it comes to police discretion, there are several factors that can go into a cop choosing whether to arrest you or send you on your way. It could be as simple as what kind of mood they are in, or whether you are respectful. But, if you are the Police Commissioner’s son, it could be as simple as giving them your name. [Read more…]
Police Budget Cuts in Worcester Mean Fewer OUI Arrests
Via golocalworcester.com, budget cuts have significantly reduced police staffing, resulting in fewer stops and arrests. [Read more…]
Better Late Than Never: Boston PD Admits Wrongful Arrest of Cop-Filmer
Four years after attorney Simon Gilk was arrested for videotaping police officers, the Boston Police Department has admitted the officers were wrong for taking him into custody. But their admittance is too little too late for the attorney who plans on moving forward with his lawsuit against the department. [Read more…]
Smell of Pot Not Enough For Cops to Force Exit of Parked Vehicle
The Massachusetts State Supreme Judicial court ruled that the simple smell of marijuana coming from a parked car was not enough evidence to order those within the vehicle to exit. With that ruling, the court has cemented the wishes of voters who decided in 2008 to decriminalize less than one ounce of marijuana. But, it hasn’t made everyone happy. [Read more…]
Can Police Pull You Over Based on an Anonymous Call?
There was an interesting discussion over at masslive.com about whether police can initiate highway stop based entirely on an anonymous tip. “Can police use tips to stop a motorist? It depends”.
The answer implies that it is assuming an anonymous 911 call about an erratic driver who the caller suspects may be drunk or driving dangerously.
The police can’t stop you based entirely on a tip. If they get a report about a dangerous driver on the roads, after locating the car, they follow for a while to independently verify and corroborate that the driver is doing something that warrants a vehicle stop. They wait to witness some act of speeding, weaving across lanes (marked lanes violation), reckless driving (negligent operation), or other driving behavior that could mean a suspected OUI.
[Read more…]