If a police officer in Massachusetts completes a routine civil traffic stop, and the officer doesn’t have facts suggesting a reasonable suspicion of criminal activity, the officer is required to allow the individual to drive away. Commonwealth v. Cordero, SJC-12210 (2017). This means that a routine stop can’t be prolonged beyond the justification for the stop without evidence suggesting criminality. In the Cordero case, the Supreme Judicial Court found certain factors insufficient standing alone to suggest a reasonable suspicion that crime was afoot. These included:
- Nervousness of the motor vehicle operator;
- Evasive answers; &
- Presence in a high crime area.
The determination must be made on a case by case basis. As a result, if you or someone you know is charged with a crime after a motor vehicle stop, contact the Worcester MA Attorneys who can help you. Contact Shane W. Surrette, Worcester, MA Attorneys at (774) 364-4605 or at email@example.com today.