C.M. v. Comm’r of Public Safety, LICENSE REVOCATION OVERTURNED
Our client was stopped by a police officer for what the officer believed to be a suspicious vehicle sitting in a parking lot after dark while the park was closed. The officer said that as he drove toward the vehicle, the suspect vehicle drove away which “heightened” his suspicion of criminal activity. The officer stopped the vehicle several blocks away.
At the court trial the officer claimed that there had been recent burglaries in the area. Yet we pointed out that he didn’t include this information in his report and suggested this may not be accurate. The officer agreed that there was nothing indicating the sole, elderly occupant had been outside the vehicle attempting a break in. The officer also agreed although the park was closed, the parking lot was not. Finally, the officer agreed the driver committed no driving violations as he followed the vehicle.
In the end, the judge agreed with us that the stop was unconstitutional and rescinded the revocation. Grateful for another victory for one of our clients!