, Newburyport, MA

Local News

December 29, 2012

Judge: Police search illegal

DA dismisses guns, cocaine charges from Route 110 stop


No weapons were found in the passenger compartment of the car. At that point, backup officers had arrived, and Noyes asked another officer, Raymond Landry, to search the area behind the rear seats.

The first bag checked turned out to contain the guns.

The judge noted that at some point during the encounter, Noyes instructed a dispatcher to check all three individuals in the car for warrants. None of them had any warrants. The judge, in his ruling, noted that Newcomb is white, while Jones and Palmer are African-American.

“Noyes did not have sufficient reasonable suspicion at the time of the stop, or for that matter, during the duration of the stop, to believe that the occupants of the vehicle were engaged in criminal activity related to burglaries along Route 110 or drug distribution,” Feeley wrote.

The judge said in his ruling that while Noyes was not justified in making the sweep, he “would have been well within his rights ... to engage in a consensual encounter with the vehicle,” suggesting that he could have simply pulled alongside the car, without turning on the police lights, and asked the driver what she was doing there at that hour. That might have eventually elicited enough information to justify a search, said the judge.

Text Only | Photo Reprints

Port Pics
AP Video
Raw: Japanese Soldiers Storm Beach in Exercises Raw: Weapons Fire Hits UN School in Gaza Raw: Rocket Launches Into Space With Cargo Ship Broken Water Main Floods UCLA Two Women Narrowly Avoid Being Hit by Train In Virginia, the Rise of a New Space Coast New Sanctions on Key Sectors of Russian Economy Crayola Announces Family Attraction in Orlando US Ready to Slap New Sanctions on Russia Kerry: Not Worried About Israeli Criticism Boater Rescued From Edge of Kentucky Dam Girl Struck by Plane on Florida Beach Dies Rodents Rampant in Gardens Around Louvre House to Vote on Slimmed-down Bill for Border Looming Demand Could Undercut Flight Safety Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant Raw: Massive Explosions From Airstrikes in Gaza Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Kerry: Humanitarian Cease-fire Efforts Continue
Special Features