Gun Charges Thrown Out: Massachusetts Appeals Court Reverses Firearm Conviction Due to Illegal Trunk Search
If you’re facing gun charges in Massachusetts, a recent Appeals Court decision offers a powerful reminder that your constitutional rights matter—and when police ignore those rights, the charges against you can be thrown out.
In Commonwealth v. Radhame Delacruz, the Massachusetts Appeals Court overturned a conviction for carrying a firearm without a license because Boston police officers illegally searched the trunk of the defendant’s car. The decision is a critical win for criminal defense and gun charge lawyers throughout the Commonwealth.
This post breaks down what happened in the Delacruz case, what the Appeals Court ruled, and what it means for people facing gun crimes in Massachusetts. If you’re searching for an experienced criminal lawyer who specializes in gun cases, read on—this case could be the key to your defense.
The Facts: A Routine Stop Turns Into a Firearm Arrest
On June 13, 2020, Boston police officers pulled over a silver Honda in West Roxbury. The officers ran the plate and learned the car's registered owner—Radhame Delacruz—had an outstanding warrant. When they stopped the vehicle, they confirmed Delacruz was the driver and placed him under arrest.
That’s when things escalated.
Delacruz asked if he could call someone to pick up the car, and the officer said yes. But then, during the phone call, the officer began pressing him:
“Is there anything in the car? Because I’m going to check the car… I’m going to frisk the car… Is there something in the trunk you’re hiding from me?”
Delacruz responded:
“Honestly, I have just weed in there. You can’t check my trunk, you need a warrant for that, right?”
The officer replied:
“If we tow the car, we can search the trunk. I might just tow it just so I can get access to the trunk.”
Shortly after, the officer decided to tow the vehicle. Police searched the trunk and found a black backpack and a fanny pack. Inside the fanny pack was a firearm. Delacruz was charged with carrying a firearm without a license under G.L. c. 269, § 10(a).
He moved to suppress the evidence, arguing that the search violated the Fourth Amendment and Article 14 of the Massachusetts Declaration of Rights.
The Legal Fight: Was the Search of the Trunk Legal?
The trial judge denied the motion to suppress, saying the search was justified under two possible theories:
As an inventory search, because police were towing the car; or
Under the automobile exception, which allows searches of vehicles without a warrant when there is probable cause to believe evidence of a crime is inside.
The case went to trial, and Delacruz was convicted. But he appealed—and the Appeals Court reversed.
Here’s why.
Why the Search Was Illegal, According to the Appeals Court
The court ruled that neither legal justification offered by the prosecution was valid.
1. Inventory Search? No—It Was a Pretext to Search the Trunk
Inventory searches are allowed when police lawfully impound a vehicle and need to catalog its contents to protect against claims of lost property or for safety reasons. But the court made clear:
“The lawfulness of an inventory search turns on the threshold propriety of the vehicle’s impoundment… Impoundment must be undertaken for a legitimate, non-investigative purpose.”
In this case, Officer Taylor flat-out admitted on body camera that he was towing the car just to get access to the trunk. He said:
“I might just tow it just so I could get access to the trunk.”
That statement revealed an investigative motive—not a neutral one. The court wrote:
“We agree with the defendant that those comments pointed to an investigatory purpose.”
Bottom line: When police use an inventory search as a backdoor to investigate, the search becomes unconstitutional.
2. Automobile Exception? No—There Was No Probable Cause
The “automobile exception” allows police to search a car without a warrant if they have probable cause to believe it contains evidence of a crime. But mere suspicion or nervousness isn’t enough.
Here, the Appeals Court was clear:
Delacruz never told the officer what was in the trunk;
He simply asserted that police needed a warrant;
He appeared nervous, but nervousness alone is not a crime.
The court explained:
“The defendant’s refusal to disclose what was in his trunk, in conjunction with his nervousness, did not give rise to probable cause that the Honda contained evidence of a crime.”
The search failed both the inventory and probable cause tests. As a result, the Appeals Court reversed the suppression ruling, vacated the conviction, and ordered that judgment enter for the defendant.
Why This Case Matters for Anyone Facing Gun Charges in Massachusetts
Gun charges in Massachusetts carry serious consequences. A conviction for carrying a firearm without a license can result in mandatory minimum sentences, felony records, and deportation consequences for noncitizens.
But this case shows that bad searches lead to bad prosecutions—and when police violate your rights, your case can and should be thrown out.
If you're facing gun charges, you need a criminal defense lawyer who understands:
How to challenge the legality of a car search;
What qualifies as an illegal inventory search;
When the automobile exception does not apply;
How body cam footage can win your suppression hearing.
Too many defendants plead guilty without ever having their lawyer challenge the search. The Delacruz case is a reminder that even when a gun is found in your car, it may not be admissible in court.
What to Do If You’ve Been Charged with a Gun Crime in Massachusetts
If you’ve been arrested for unlawful possession of a firearm, here’s what you should know:
1. Don’t Assume the Evidence Is Valid
Even if the police found a gun in your trunk or glove box, that doesn’t mean the search was legal. A skilled gun charge lawyer will review:
The reason for the stop;
Whether you were under arrest or detained;
What the officers said and did;
Whether you consented (or didn’t);
Whether the search was pretextual or improper.
2. Ask About a Motion to Suppress
A motion to suppress challenges the legality of police conduct. If successful, it results in suppression of the firearm—which often leads to dismissal of the case. These motions are often the difference between walking free and going to prison.
3. Hire a Criminal Lawyer Who Specializes in Gun Cases
Gun laws in Massachusetts are strict and complex. You need an attorney who knows how to:
Cross-examine officers at suppression hearings;
Use body cam footage to expose illegal searches;
Navigate G.L. c. 269, § 10(a), § 10(h), and § 10(n) charges;
Fight firearm minimums and enhancement allegations;
Challenge constructive possession theories.
At our firm, we’ve successfully challenged gun charges by showing that police didn’t have the right to search the vehicle. The Delacruz ruling is another tool we use to fight these cases.
The Real-World Impact: One Officer’s Comments Made All the Difference
What makes the Delacruz case especially powerful is how candid the officer was:
“I might just tow it just so I could get access to the trunk.”
That one sentence—caught on body-worn camera—revealed the officer’s true intent. It wasn’t about safety or vehicle protection. It was about searching the trunk.
That honesty (or carelessness) ultimately led the Appeals Court to reverse the conviction.
It’s a reminder of why we always demand body cam footage in gun cases. The truth is often caught on video, and when officers deviate from constitutional requirements, the consequences can be huge.
Our Take as Criminal Lawyers Specializing in Gun Charges
We fight firearm charges every day in courts across Massachusetts. We’ve seen cases where:
Police illegally opened trunks;
Officers claimed “inventory search” with no inventory;
Probable cause was claimed based on nothing but “nervousness”;
Drivers were arrested before any investigation even started.
The Delacruz case confirms what we’ve long argued: If the police don’t follow the Constitution, the gun doesn’t come into evidence.
That’s why we start every defense with a suppression strategy. And we never take the officer’s word for what happened—we review the video, the booking logs, the tow forms, and the inventory reports. When there are inconsistencies or constitutional violations, we make sure the court sees them.
Conclusion: A Major Victory for Gun Rights and Due Process
The Massachusetts Appeals Court’s decision in Commonwealth v. Delacruz is a significant win for anyone facing a gun charge. It sends a clear message to law enforcement:
You can’t tow a car just to get into the trunk.
And to defendants and defense attorneys:
If the search wasn’t legal, the evidence can’t be used.
If you’re up against gun charges, don’t give up. With the right lawyer—one who knows how to fight firearm cases—your charges could be reduced, dismissed, or even reversed on appeal.
Facing a gun charge? Contact our office today for a confidential consultation. We challenge illegal searches, suppress unlawful evidence, and fight for your freedom. Let us help you beat your case.