H1894 — An Act promoting equity in traffic stops

Summary

An Act promoting equity in traffic stops

Bill Text

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This bill adds a new section that regulates the admissibility of evidence obtained during traffic stops.

• Chapter 90, section 20H

  Section 20I. (a) Evidence obtained during a traffic stop shall be inadmissible in any criminal proceeding if the evidence is unrelated to the traffic violation that was the basis for the stop, unless the officer had reasonable suspicion or probable cause to believe that the operator or passenger of the vehicle was engaged in an act that constitutes a felony or a misdemeanor prior to initiating the stop.

  This establishes that evidence unrelated to the reason for the traffic stop is generally inadmissible unless certain conditions are met.

• Chapter 90, section 20H

  (b) In any motion to suppress evidence under this section, the burden shall be on the commonwealth to prove by a preponderance of the evidence that reasonable suspicion or probable cause of criminal activity existed prior to the initiation of the traffic stop.

  This changes the burden of proof in suppression motions to require the Commonwealth to demonstrate reasonable suspicion or probable cause.

• Chapter 90, section 20H

  (c) Nothing in this section shall be construed to limit the authority of law enforcement to enforce the traffic laws of the commonwealth. Law enforcement officers may issue citations, warnings, or make arrests for violations of traffic laws; provided, however, that such enforcement shall not serve as a pretext for investigating unrelated criminal activity.

  This clarifies that traffic law enforcement authority remains intact and prohibits using traffic stops as a means to investigate unrelated crimes.

• Chapter 90, section 20H

  (d) (1) Any evidence obtained in violation of this section shall be suppressed and shall not be admissible in any criminal proceeding in the courts of the commonwealth.

  This mandates that any illegally obtained evidence under this section be suppressed in court.

• Chapter 90, section 20H

  (d) (2) Any individual subjected to a traffic stop in violation of this section may pursue all civil remedies available under state or federal law, including but not limited to claims for injunctive relief or monetary damages.

  This grants individuals the right to seek legal remedies if their rights under this section are violated.

Sponsors

• Samantha Montaño · Primary

Subjects