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Mass Court Throws Out Gun Charge After Illegal Trunk Search — Know Your Rights During Traffic Stops

April 9, 2025 by Patrick Donovan


Know Your Rights: Massachusetts Court Overturns Conviction Due to Unlawful Vehicle Search

Understanding your rights during a traffic stop is crucial. A recent Massachusetts Appeals Court decision highlights what happens when police overstep legal boundaries.

Case Overview – Commonwealth v. Delacruz

In Commonwealth v. Delacruz (Docket No. 24-P-344), the Massachusetts Appeals Court overturned a firearm conviction after ruling that Boston police unlawfully searched the defendant’s trunk.

The firearm found in the vehicle was tossed out. Why? Because the search violated the Fourth Amendment.

What Happened

On June 13, 2020, Boston police officers pulled over a silver Honda in West Roxbury. The registered owner had an outstanding warrant. Radhame Delacruz was driving. He was the only person in the car.

After confirming the warrant, officers arrested Delacruz.

Delacruz asked to call someone to pick up his car. Officer Kimber Taylor said fine—but also told him the car was going to be searched. That’s when Delacruz spoke up.

He told the officer, “You can’t check my trunk, you need a warrant for that, right?”

He was right.

The officer searched the trunk anyway. Inside a black fanny pack, he found a firearm.

Trial Court Says Search Was Fine

Delacruz filed a motion to suppress the evidence, arguing the trunk search was unconstitutional. The trial court denied it. The judge sided with the prosecution, saying the search was valid under two exceptions:

  1. Inventory search
  2. Automobile exception

Appeals Court Says: Wrong on Both

The Appeals Court reversed.

Inventory Search Argument Falls Apart

Inventory searches are allowed if police lawfully impound a vehicle and follow proper written procedures.

But here, the officer admitted he planned to tow the car “just so I could get access to the trunk.” That shows intent to investigate—not to inventory.

That’s a problem.

Also, the officer didn’t fill out a full tow slip. That goes against standard procedure. The court saw through it. This wasn’t a routine tow—it was a way to justify a search.

No Probable Cause = No Automobile Exception

The automobile exception allows police to search a vehicle if there’s probable cause it contains evidence of a crime.

But being nervous and saying “you can’t search my trunk” doesn’t count as probable cause.

There was no tip. No suspicious object. Nothing that connected Delacruz—or his trunk—to criminal activity.

The court ruled the officers had no legal right to open the trunk.

Conviction Overturned

Since the gun was the key evidence, the court tossed the entire case. Conviction vacated. Judgment reversed.

Why This Matters

This case is a wake-up call.

Police can’t search your trunk just because you don’t want them to. Refusing a search doesn’t give them a green light. And courts are watching closely.

If your vehicle gets towed, there are rules for that too. Cops can’t invent reasons to tow your car just to look inside it. There has to be a real, legal reason—and they must follow department rules, step by step.

If they don’t, that search gets thrown out. Just like in this case.

Key Takeaways

  • Refusing a search is your right. It’s not probable cause.
  • Police need real evidence to justify opening your trunk.
  • Inventory searches must follow written policy. No shortcuts.
  • If the search is illegal, any evidence found can’t be used in court.

What To Do If This Happens To You

  • Stay calm.
  • Clearly say, “I do not consent to a search.”
  • Don’t resist physically.
  • Call a criminal defense lawyer as soon as possible.

If you believe the police searched your vehicle without cause, you might have a strong defense. You might even get the whole case thrown out.

More Resources

  • Massachusetts ACLU: Know Your Rights
  • Mass Legal Help
  • Massachusetts Appeals Court Opinions

Final Word

The Fourth Amendment protects all of us. This decision proves it. If the police don’t follow the rules, the court won’t let them bend the law just to make a case.

Call Massachusetts Criminal Attorney Patrick Donovan for a free case evaluation. A criminal lawyer who fights for you.

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