Consenting to a search

It’s late at night and you are driving home from work. After a long shift there is nothing more that you want to do then put your feet up and relax. However before you can reach your driveway your rearview mirror lights up with blue flashing lights. You are being pulled over. The officer approaches your vehicle and in a cliché manner asks, “Do you know why I pulled you over?” This is one of the many tricks an officer has in their disposal to uncover any illegal activity you may or may not be a part of. In a calm, polite manner, always answer in the negative and state you do not know as to the reason for the traffic stop.  After a brief moment, the officer states that you have a faulty taillight and asks to see your license and registration. After returning from the cruiser, the officer proceeds to ask if he can search your vehicle. It is at this moment that many people forfeit their constitutionally given rights against unwarranted search and seizure as many mistake the officers request as a command. Again in a calm polite manner, one should always refuse an officer’s request to search your vehicle, even if you have nothing to hide. During a search, property may be damaged or evidence planted. In order to search your vehicle without a warrant and your consent an officer must posses Probable Cause. This entails that the officer have a level of reasonable belief based on facts or evidence that can be articulated that would lead a reasonably intelligent and prudent person to believe the person has committed a crime. Common examples of probable cause include the sight or smell of contraband in plain view such as a baggie containing drugs or plain smell or an admission to a crime. There are four categories into which evidence may fall in establishing probable cause: observational, circumstantial, expertise, and information. The first, observational, is as previously described when an officer through their senses observe anything that constitutes a potential crime.  Circumstantial and expertise evidence is based on the officer and known facts such as gang tattoos or other markings that culminated together gives a reasonable impression a crime has or will be committed. Finally an officer may have probable cause if he were made aware to information through an informant or witness of a crime committed. Overall, there are many tools an officer has to their disposal in order to either legally search your vehicle or trick you into giving consent. It is your right to refuse such violation of your privacy but never attempt to physically stop an officer from conducting a search, legal or not. Instead contact Boyle & Carbone, PC. We will fight to have any evidence suppressed, but it all starts with “no, I do not consent.”  

The Valor Act

The Valor Act of Massachusetts, also known as senate bill 2254, was passed on May 31, 2012. The act is an alternative to handling a case through the criminal-justice system. Whereas a typical criminal case functions primarily to determine the guilt or innocence of the accused, a pretrial diversion program, which the Valor Act is, focuses on treating, educating, or otherwise improving the accused’s life. There is no admission or finding of guilt and thus no criminal conviction. Before or on the day of arraignment is when one would seek protection under the Valor Act. To qualify, one must satisfy several requirements, which include: being an active member of the armed forces or a veteran as defined by Massachusetts statue, must be accused with a crime punishable by imprisonment and be charged in a district court, must have no prior criminal convictions, outstanding warrants, or pending criminal cases, and finally, there must be a program recommendation that the accused would benefit from. While a judge does have discretionary power in ruling whether to approve the pretrial diversion program, it is up to the defendant to rise claim and show that all the requirements are met. The judge may issue a 14-day continuance so for the defendant to prove they are either active armed force personnel or a veteran. For the exact wording of the Valor Act one should look to Massachusetts General Law 276(A), which spells out exactly who is qualified under the act and how one would go about seeking relief through the act. If you or a loved one has found yourself dealing with a first time offense and are or were a member of the armed forces and you think you qualify under the Valor Act, contact Boyle & Carbone, P.C.