Being Ordered Out of Your Car During a Traffic Stop in Massachusetts: The "Community Caretaking" Doctrine and Your Rights

As a criminal defense attorney serving Boston and the North Shore, I often speak with clients who are surprised by how quickly a routine traffic stop can escalate. A recent decision by the Massachusetts Supreme Judicial Court (SJC), Commonwealth v. Demos D., highlights a specific legal rule in Massachusetts called the community caretaking doctrine. This doctrine allows police to take certain actions, such as ordering you out of your car during a traffic stop, even if they do not suspect a crime is being committed.

What is the Community Caretaking Doctrine in Massachusetts?

Typically, a police officer needs reasonable suspicion of a crime or a threat to their safety to order you out of your vehicle during a traffic stop. However, the community caretaking doctrine serves a different purpose. It applies when an officer’s actions are totally divorced from the investigation of a crime. In these instances, the officer is acting to ensure the safety or well-being of the public or a specific individual.

The ruling in Commonwealth v. Demos D. stems from a traffic stop where police encountered a 16-year-old passenger. According to court records, the Department of Children and Families (DCF) had previously reported the juvenile as a missing runaway.

At the time of the stop, the juvenile was traveling in a vehicle with an infant and three adults. One of the adults in the vehicle was known to the officer as being associated with a gang. Without questioning the juvenile, he was ordered out of the car by police who performed a pat-frisk.

During this search, the officer discovered a handgun. This led to a delinquency complaint charging the juvenile with four firearm-related offenses, and he was subsequently indicted as a youthful offender.

While a Juvenile Court judge originally allowed a motion to suppress the evidence, the Supreme Judicial Court eventually overturned that specific part of the ruling regarding the exit order. The SJC determined that because the officer was tasked with locating a missing child, the order to exit the vehicle was a reasonable part of a "community caretaking" inquiry rather than a criminal investigation, and was therefore allowed.

How This Affects your Rights during a Traffic Stop

The ruling in Commonwealth v. Demos D. clarifies that police authority during a traffic stop can extend beyond investigating traffic violations or suspected crimes. It is important for you to understand how the community caretaking doctrine may affect your rights:

• Exit Orders Without Suspicion of Crime: An officer can legally order you out of your car during a traffic stop in Massachusetts if they believe it is necessary for your safety or the well-being of a passenger, such as a missing minor.

• Safety Over Investigation: The court views these actions as totally separate from the investigation of a crime. This means the protections you typically expect during a criminal investigation might be applied differently if the officer claims they are performing a wellness check.

• The Scope of the Doctrine: While this case involved a missing juvenile, the doctrine generally applies to actions taken to ensure public safety or individual welfare for everyone, including you.

What You Should Do if You Are Ordered Out of Your Car During a Traffic Stop

If an officer issues an exit order during a stop, you should remain calm and follow these guidelines:

• Comply with the Order: Even if you believe the order is unjustified, it is safer to comply at the scene. You can challenge the legality of the order later in court with the help of an attorney.

• Keep Your Hands Visible: You should always keep your hands where the officer can see them to avoid escalating the situation.

• State Your Objection Politely: You should calmly state that you do not consent to a search of your person or the vehicle, but you should still follow the physical instructions of the officer.

• Consult an Experienced Attorney: If an exit order leads to a search or criminal charges, the specific facts of your stop must be carefully reviewed to determine if your rights were violated. An experienced Massachusetts criminal defense attorney can advocate for your rights in court.

If you or a loved one is facing charges following a traffic stop, you need an experienced advocate who understands the evolving landscape of Massachusetts traffic law and who will stand up for your rights. At the Law Office of Patrick J. Regan, we bring over 30 years of fierce advocacy for defendants in Boston and communities throughout the North Shore of Massachusetts. Call us at (979) 744-1220, or fill out our contact form to schedule a free 30-minute consultation. We will fight hard to ensure your rights are protected.