The law allows Massachusetts police officers to search the vehicles of those arrested for operating under the influence of intoxicating liquor. Specifically, police may search a defendant’s vehicle for “evidence of drink.” However, this search is generally limited to the passenger compartment and it cannot extend to the trunk. In order for the police to search a trunk of a vehicle during a motor vehicle stop, there must be a nexus or connection between the criminal activity and the trunk of the vehicle, such that drunk driving related evidence would be reasonably expected to be found there.
Also, if a vehicle is being towed, the police are allowed to conduct a motor vehicle “inventory” to list and document the contents of the vehicle. In some cases, the police find incriminating evidence as a result of conducting a motor vehicle inventory or search for evidence related to the OUI charge. The seizure of items during the towing inventory process is permitted under the “plain view” doctrine. This allows police to seize items found in “plain view,” while the police engaged in a lawful inventory. However, an inventory is only valid when it is conducted pursuant to a written policy which guides officers.
Given the stiff drunk driving penalties imposed by Melanie’s Law, such as lifetime license suspensions for certain repeat offenders, good lawyers will routinely challenge the prosecution’s evidence by filing motions to suppress.
The Massachusetts DUI lawyers featured here, including Attorneys George McCarthy, Paul Watkins, and Brian Simoneau thoroughly understand what the law allows the police to do and what it prohibits them from doing during the course of a Mass. DUI car stop and arrest. With this in-depth knowledge, it may be possible to suppress incriminating evidence, such as alcohol containers. Suppressing evidence can substantailly increase the chances of getting a not guilty verdict and avoidng drunk driving costs and penalties.
1,221 Comments.