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
If the cop knew the rules...
By anon
Sun, 12/20/2015 - 2:48pm
...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.
Get real
By BostonDog
Sun, 12/20/2015 - 4:46pm
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.
I criticize the US Supreme
By anon
Sun, 12/20/2015 - 9:06pm
I criticize the US Supreme Court for a number of decisions that way expanded police search powers over any passenger of any vehicle.
Yeah, too bad that doesn't apply here
By BostonDog
Sun, 12/20/2015 - 10:47pm
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.
My guess was the cops wanted
By mdecast
Sun, 12/20/2015 - 5:03pm
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.
So you let a known perp ride
By anon
Sun, 12/20/2015 - 5:11pm
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.
Might the accused have
By Waquiot
Sun, 12/20/2015 - 6:35pm
Fingerprints?
Hush now
By Roman
Sun, 12/20/2015 - 7:10pm
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.
No, it isn't
By SwirlyGrrl
Sun, 12/20/2015 - 9:14pm
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?
It is indeed
By Roman
Mon, 12/21/2015 - 1:11am
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.
Ah, Yes
By SwirlyGrrl
Mon, 12/21/2015 - 10:53am
No surprise that you work for a protection racket.
BE VERY AFRAID (and give us all your tax money)!
Speaking of Nitwits
By BostonDog
Sun, 12/20/2015 - 7:23pm
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.
Might be faster that way
By SwirlyGrrl
Sun, 12/20/2015 - 9:21pm
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)
That was my thought--they
By baustin
Mon, 12/21/2015 - 1:10pm
That was my thought--they wouldn't have had to wait more than a minute or two.
Forget traffic law violations.
By bulgingbuick
Mon, 12/21/2015 - 12:16pm
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...
Please
By anon
Sun, 12/20/2015 - 9:02pm
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.
Cops had a reason to stop the cab
By Waquiot
Sun, 12/20/2015 - 10:48pm
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.
Unfortunately the 4th
By anon
Mon, 12/21/2015 - 9:10am
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.
Probably not true anon
By Pete Nice
Mon, 12/21/2015 - 9:26am
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.
Administrative rules don't trump the 4th amendment.
By Pete Nice
Mon, 12/21/2015 - 5:08am
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)
With fare versus empty
By SwirlyGrrl
Mon, 12/21/2015 - 10:00am
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.
Prior Cab Stop Case
By JakeWark
Mon, 12/21/2015 - 11:06am
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:
So it seems that this cop knew the rules pretty well, as it turns out.
That settles that
By merlinmurph
Mon, 12/21/2015 - 5:27pm
Thanks for the input
https://www.facebook.com
By Lmo
Sun, 12/20/2015 - 2:56pm
https://www.facebook.com/JeffJDurham/videos/961635...
ridiculous
By anon
Sun, 12/20/2015 - 5:06pm
Why weren't they already in jail for their priors?
because DAs/judges goes for
By anon
Sun, 12/20/2015 - 7:12pm
because DAs/judges goes for pleas instead of trials
It Says Here...
By anon
Mon, 12/21/2015 - 5:52pm
http://www.universalhub.com/crime/20151221/da-men-...
Maybe a plea is better than a trial when the evidence isn't so good.
That's what I say
By Waquiot
Mon, 12/21/2015 - 8:08pm
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.
they probably had to wait
By anon
Sun, 12/20/2015 - 8:04pm
at least 3 seconds for the cab to commit a traffic violation
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