Commonwealth v. Teixeira-Furtado
Annotate this CaseDefendant was a passenger in a vehicle that was pursued and stopped for traveling at a "speed greater than is reasonable," G. L. c. 90, 17.1 While the vehicle was still in motion, the defendant got out, looked uncertainly toward the officers, and grabbed the side of his waist area. The officers gave chase. When the defendant was apprehended, he was carrying a firearm. Before defendant’s trial for firearms offenses, a Boston judge allowed his motion to suppress the evidence. The Massachusetts Supreme Judicial Court affirmed. Although operating at a "speed greater than is reasonable" provides a basis for a valid stop, an officer's suspicion that a violation has occurred must be supported by articulable facts sufficient to warrant a reasonably prudent person in the officer's position in forming that conclusion. The testifying officer provided nothing on the subject of speed beyond his conclusion that it was greater than reasonable. He did not estimate the vehicle's speed; compare its speed to other vehicles; provide any measurement from a radar gun or other device; or testify that the vehicle was traveling faster than the posted speed limit. Nor was there evidence regarding traffic on the road, its use at the time by pedestrians or others, or other safety considerations. The Commonwealth failed to prove that the stop was lawful.
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