Defenses to Gun crimes when you are searched by an officer
What types of defenses are available in a Massachusetts gun offense when you are searched by a police officer and the officer finds a gun on your person. In these cases, where an argument that you did not possess a gun would likely be unsuccessful, you will need to show that the officer exceeded his authority under the Constitution in searching your person.
A police officer does not have an automatic right to stop a person on the street and search them for weapons. In many gun charges, the police will claim that they received a tip from an individual that someone possessed a firearm. The officers will then proceed to stop and search that person in order to determine the accuracy of the tip.
Types of defenses available when Massachusetts gun arrests results from street encounter with the police:
- Motion arguing that the police did not have reasonable suspicion to detain you.
- Motion arguing that the police exceeded the scope of a threshold inquiry in terms of the duration of the stop
- Motion arguing that the police did not have a basis for a pat frisk as there was no threat to the safety of the officer.
- Defense based on lack of probable cause for the police to detain an individual based on unreliable tip from citizen.
- Challenge the reliability of any 911 report used by the police to justify any search and seizure.
With any Massachusetts gun offense arising out of a search of an individual in possession of a firearm, there are many avenues of defense that can be explored. To understand these defenses you can call (617) 694-6287 to speak to an experienced Boston gun crimes lawyer.