In Massachusetts, an “exit order” is exactly what it sounds like. Simply put, it is when a police officer tells you to get out of your car. Although you might assume that a police officer always has the authority to order you around in this manner, this is not actually the case. In Massachusetts, police officers can only issue exit orders under certain circumstances. As a recent case shows, an unlawful exit order may make all subsequent evidence inadmissible. If you think you were subjected to an unlawful exit order, consider speaking with a Boston defense attorney.
The Background of the Case
In 2021, a man was driving in Taunton with tinted windows along with one passenger. A police officer followed the vehicle and observed the driver making what he called “unnecessary turns.” The officer then pulled the man over because of his tinted windows. While approaching the parked vehicle, the officer claims to have smelled the strong odor of marijuana. The driver (the defendant in this case) then told the officer that they had just started smoking after parking the car.
After some confusion over the spelling of the passenger’s name, the police officer ordered him to get out of the car. In other words, he issued an exit order. He then frisked the passenger and placed him in handcuffs before returning to the driver and ordering him to exit as well. After frisking the defendant, he asked for permission to search the vehicle. The defendant gave his permission.
The officer then discovered a baggie containing controlled substances. This triggered the arrest of the defendant and a further search of the vehicle. Police then recovered a so-called “ghost gun.”
Defendant Successfully Challenges the Legality of the Exit Order
During his trial, the defendant tried to suppress all the evidence that arose from the search of his vehicle. At the trial level, the judge decided that the initial traffic stop was lawful. The trial judge also decided that the defendant consented to the search and that the police lawfully recovered the firearm after his arrest.
He had much more success at the appellate level, and the court agreed that police cannot issue exit orders for tinted windows (or any other traffic offense). Because the exit order occurred first, the subsequent search and seizure of the firearm also became inadmissible.
Can a Defense Attorney in Boston Help Me?
If you believe that you were ordered out of your vehicle by police officers in an unlawful way, you might be right. In addition, this unlawful exit order could help you avoid charges or file a successful appeal. If you’re serious about fighting for your rights in this manner, consider continuing this conversation with a Boston defense attorney. Contact Edward R. Molari, Attorney at Law today to learn more about your options.