Shortly after 11:10 p.m. yesterday a Massachusetts State Trooper observed a car pass him on Route 495 at a speed estimated around one mile per hour. A chase followed. The officer observed the vehicle exit the highway at Route 110 in Haverhill, Massachusetts. According to the officer the driver’s speeds ranged from fifty five miles per hour to eighty five miles per hour once off of the highway. Haverhill Police officers observed the car for short periods of time but were unable to follow it. The car was finally found abandoned on Central Street in Haverhill. Two men walking near the scene were arrested. One of the men, Aldis Sureo was charged with receiving stolen property. The other man, Aneudis Mendez was charged with disorderly conduct. Charged are pending in the Haverhill District Court.
One thing that comes to mind when reading this article is why did the police stop Sureo and Mendez. Massachusetts law states that in order to lawfully conduct an investigatory stop there can be no more than a brief non-intrusive detention of the person and it must be supported by specific and articulable facts sufficient to give rise to reasonable suspicion. If officers ask questions with a show of authority an illegal seizure may have occurred. If the officers actions were sufficiently coercive or intimidating a seizure might have occurred. The positioning of officers during the encounter factors into its constitutionality as well. In cases such as this one the defendant’s chance of success often rests on the legality of the stop. A motion to suppress can at times result in a dismissal of the case.
If you have been arrested as a result of an unlawful search and seizure you should contact a Criminal Defense Lawyer. Attorney Stephen Neyman can be reached at 617-263-6800 or you can contact him online.