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Police: Two guys with a gun get into cab; officers follow until the driver commits a traffic violation, then pull the cab over

Boston Police reports gang-unit officers who spotted a couple of suspicious characters getting into a cab on Norfolk Street yesterday started following the cab and waited until the driver violated some traffic law that would let them pull him over and conduct a search.

Police say the officers, on Norfolk Street shortly after noon for an unrelated investigation, noticed two guys they had arrested in the past on firearms charges come out of a house with one "clutching at the right side of his waist band area in an attempt to cover an unknown object."

Officers watched as the two suspects entered a taxi cab and followed it until it committed a traffic infraction on Norwell Street at which time they performed a traffic stop.

Police say both men in the back were "looking around nervously" when one of them suddenly ducked down out of sight:

Officers quickly removed both suspects and recovered a loaded Beretta 9mm handgun with an obliterated serial number from the floor of the cab passenger area. Both suspects were then placed in custody without incident.

At booking, one of the pair was also discovered with seven bags of crack.

Dijoun Beasley, 19, of Dorchester, was charged with unlawful possession of a firearm, unlawful possession of ammunition, carrying a loaded firearm, possession of a firearm with an obliterated serial number, subsequent charge, and possession of crack with intent to distribute.

Tyshawn Cummings, 20, of Dorchester, was charged with unlawful possession of a firearm, unlawful possession of ammunition, carrying a loaded firearm and possession of a firearm with an obliterated serial number.

Innocent, etc.

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Comments

...he would know that cabs can be stopped at any time to asses the "safety of the driver." It says so right on the sticker on the door.

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So some smart cops manage to get a few dangerous scumbags off the street without anyone being put harms way and yet you're still going to criticize the officers?

Thank you Boston PD. Nice work.

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I criticize the US Supreme Court for a number of decisions that way expanded police search powers over any passenger of any vehicle.

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I'm pretty sure the cabbie would have gladly given the police permission to search his car if informed his passengers might be carrying a loaded gun. (Or at least in exchange for not getting a ticket for whatever he did to get pulled over.)

The cops didn't stop this car randomly, they watched two suspects get in with what they thought (and confirmed) was a loaded gun. The same is true if they ran into a house -- they police would not need court order to enter in pursuit.

This case has nothing to do with expanded police powers. This wasn't fishing or racial profiling. It was some cops who followed up on what is widely agreed as suspicious behavior by people known to the police as having prior convictions.

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My guess was the cops wanted to conduct the stop in a way that it's less likely the case can be thrown out on a technicality.

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So you let a known perp ride in the back seat of a taxi which (and I'm not even a lawyer!!) I can easily argue had been accessed/occupied by anywhere from twenty to one hundred other people during the cabbie's day?? The gun was placed there by the perp - but was it?? Beyond all reasonable doubt?????....Stupid, inept police work. Simply awful.

But at least they didn't shoot the driver 17 times, so they at least did SOMETHING right that night. Nitwits.

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Fingerprints?

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police bashing is in this season. Especially fashionable is going after the guys who have their eyes open and their brains turned on while doing good police work.

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Demands by taxpayers for police accountability, given frequent video evidence of misbehavior, are in this season.

But, hey, it must be nice to have a job where the people who fund you have no interest in how you do your work, eh?

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nice to have a job where a certain portion of the population doesn't automatically peg me as a racist just by virtue of what it is I do for a living. Then again, I do work in defense, so I'm sure the lefties will be quick to find some other knee-jerk insult to aim in my direction.

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No surprise that you work for a protection racket.

BE VERY AFRAID (and give us all your tax money)!

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Yes, I'm sure this UHub anonymous commented is MUCH more experienced and well versed in the law and good police practices then these gang-unit cops who deal with these scumbags daily. If only they had extensive knowledge this genius has Boston would be so much safer.

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I mean, odds are that it won't take very long for a Boston taxi driver to violate a traffic law. First right turn at a red light and you've got all the probable cause that you need.

(and the BPD yet again sets the bar high for clever work)

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That was my thought--they wouldn't have had to wait more than a minute or two.

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This is a case of government abuse of the Second Amendment. How do you know that these young fellows were'nt on their way to an NRA event? Another case of Obama taking away guns...

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I guess a sticker on the door nullifies the 4th Amendment to the US Constitution and Article 14 Massachusetts Declaration of Rights. Actually it doesn't, sounds like these two men has a great motion to suppress an unconstitutional search.

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Traffic violation.

The behavior of the accused when the vehicle was stopped along with their known records provided the probable cause.

Then again, I'm not a lawyer. And my bet is neither are you.

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Unfortunately the 4th Amendment doesn't apply, for one person, to another person's property. If a person gets in a taxi, whether or not that vehicle can be searched by the cops is up to the taxi driver, owner, and/or the company's policy (and perhaps is something the company has to do as part of their licensing requirements, but that's still something they agreed to), not the passenger.

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If you are a passenger in a taxi, you will have some reasonable expectation of privacy.

Hotel rooms are a great example. A person has an expectation of privacy in a hotel room, and the police would need a warrant to search that room, even though the person does not "own" the property.

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And a judge would most surely throw out the charges if the pretext was an administration hackney check.

But in theory you would be right, if the cops actually thought the had reasonable suspicion that these men actually had weapons, but judges often rule against that, and almost always want a traffic violation as the pretext of the stop.

Now you also have a cab driver who will most likely admit to the traffic violation (if the cops were smart, they would have given hima a written warning)

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Would that make a difference? One would think that cops would not want to do an administrative inspection when a cab had a fare, for numerous reasons.

A traffic stop makes more sense.

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Something similar happened a few years ago with a robbery suspect who jumped in a cab that was later stopped by police. The officers recovered the two guns used in the robbery, zip ties like the ones used to restrain the victims, and the cash that was stolen.

Here's a line from the judge's decision suppressing the guns, zip ties, and cash from evidence:

Having found that the blocking of the cab and approach of the three officers constituted a seizure, the court must determine whether the stop was 'permissible under the circumstances.' Id. A traffic violation would justify the stop, see Commonwealth v. Torres, 443 Mass. 669, 673 (2001); however, there is no evidence that the cab committed any manner of moving violation .... This court therefore has no alternative but to suppress the evidence that was the fruit of the unconstitutional seizure of the taxicab and the defendant who was riding in it."

So it seems that this cop knew the rules pretty well, as it turns out.

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Thanks for the input

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Why weren't they already in jail for their priors?

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because DAs/judges goes for pleas instead of trials

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Cummings won acquittal in October at his trial on charges he and a pal shot a man in 2013. The other guy pleaded guilty to the charges and is now serving five years in state prison, the DA's office reports.

http://www.universalhub.com/crime/20151221/da-men-arrested-over-weekend-...

Maybe a plea is better than a trial when the evidence isn't so good.

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Of course, someday he'll kill someone (unless someone kills him first), and he'll wonder why there is no plea deal on the table.

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at least 3 seconds for the cab to commit a traffic violation

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