Recently, the state supreme court issued an opinion in a Boston drug crime case involving a large quantity of drugs that was seized after the police ordered the defendant out of his car. The case discusses the type of evidence that a police officer must have to order a motorist out of their car when the motorist is suspected of a crime.
According to the court’s opinion, police officers received an anonymous tip that a Volvo containing a large amount of narcotics would be present at a particular intersection in the Roxbury area of Boston. The police set up surveillance and watched as a pedestrian approached the vehicle. The pedestrian engaged in conversation with the driver, and the driver then reached down toward the floor of the passenger side of the car. The officers could not see if anything was exchanged between the men, but they thought that the interaction was consistent with an exchange.
The officers followed the Volvo as it pulled away, and they initiated a traffic stop based on their suspicions. When they approached the Volvo, the defendant was the sole occupant. The police officers claimed that the defendant was avoiding eye contact and breathing heavily. The officers ordered the defendant out of his car and, as the defendant was exiting the vehicle, noticed that there was a large wad of money in the compartment along the inside of the driver’s side door. The police frisked the defendant, finding nothing, and then searched the vehicle, finding a large amount of cocaine.