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MA: Automobile search required no warrant even though officers delayed arrest and search to catch another person

By John Wesley Hall, Jr.

"[W]hen an automobile is stopped in a public place with probable cause, no more exigent circumstances are required by art. 14 [of the Massachusetts Declaration of Rights] beyond the inherent mobility of an automobile itself to justify a warrantless search of the vehicle.' Commonwealth v. Motta, 424 Mass. 117, 124, 676 N.E.2d 795 (1997). In this case, we conclude that this principle applies even when the police had ample opportunity to obtain a search warrant, provided that there has been no unreasonable delay." Delaying an arrest so another person would be implicated and be subject to arrest was reasonable. Commonwealth v. Eggleston, 2009 Mass. LEXIS 51 (April 10, 2009). General police knowledge of use of firearms in the vicinity is not reasonable suspicion as to this defendant who was seen in the area...continue to full post

Full post as published by Fourth Amendment on April 17, 2009 (boomark / email).