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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 (781) 686-5924 to speak to an experienced Boston gun crimes lawyer.

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Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
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I cannot express the gratitude towards Michael for his amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael over and over again. Claire