Massachusetts DUI Car Stops

Commonwealth v. Davis, 63 Mass. App. Ct. 88 (2005)

An anonymous caller reported to the Barnstable police that a visibly intoxicated woman, Mary E. Davis, stumbled around the parking lot of “an establishment,” got into a white SUV, and threw beer cans out the window of her vehicle as she drove away. The anonymous caller provided the vehicle's license plate number and a full description. A Barnstable police officer, who was working a detail, spotted the vehicle and eventually arrested Davis for DUI. Her DUI attorney filed a motion to suppress evidence on the grounds that the anonymous tip lacked adequate information regarding basis of knowledge and veracity. The Appeals Court rejected this argument on the grounds that, because the woman appeared visibly drunk and she was throwing beer cans out the window, an emergency existed and the DUI stop was warranted to protect public safety.

Commonwealth v. Leonard, 422 Mass. 504 (1996)

Trooper David E. Ford of the Massachusetts State Police observed Anne Leonard pull into the the breakdown lane on Storrow Drive, when he passed her. He circled back around, pulled up next to her and used his blue lights, air horn, and cruiser PA to get her attention. When Ms. Leonard failed to respond, Trooper Ford knocked on the driver's door of Leonard's car. Again, she failed to respond. Finally, Trooper Ford opened the driver's door of Leonard's car. When he did this, she looked at him and said "what the fuck do you want?" He asked what was wrong and she responded, "what the fuck do you care?" When Trooper Ford asked if she had been drinking, Leonard replied "I don't drink you bastard."

The District Court suppressed all evidence obtained on the grounds that the Trooper violated Leonard's Article 14 and 4th Amendment rights to be free from unreasonable searches and seizures. However, the SJC ruled that Ford was not searching for evidence inasmuch as he was engaged in a community caretaker role. Leonard may have been ill and the trooper was, therefore, justified in checking on her. When he did this, he discovered that she was operating under the influence of liquor.

Commonwealth v. Miller, 78 Mass. App. Ct. 860 (2011)

Where a Massachusetts State Trooper mistakenly believed that having the words "Spirit of America" covered by a license plate frame violated G.L. c. 90 § 6, and he effected a motor vehicle stop based on this mistaken belief, the evidence which he discovered was rightfully suppressed as the “fruit of the poisonous tree.”

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