Commonwealth v. DaveigaAnnotate this Case
The Supreme Judicial Court vacated Defendant's conviction of carrying a firearm without a license, holding that the trial court erred in denying Defendant's motion to suppress.
At issue was whether police officers may conduct a traffic stop on the basis of a traffic violation after having resolved the violation at a prior encounter, then having allowed the vehicle to leave, without any other traffic violation taking place. Defendant challenged the constitutionality of the traffic stop in this case under article 14 of the Massachusetts Declaration of Rights. The Supreme Judicial Court reversed the judgment of the trial court denying Defendant's motion to suppress and vacated his conviction, holding (1) police may not conduct a traffic stop on the basis of a traffic violation after having previously addressed the violation and having resolved the issue in a separate, discrete encounter; and (2) in the instant case, police lacked the authority to conduct the second traffic stop, and therefore, the stop was unreasonable under article 14.