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Charged as an armed career criminal at age 18
By adamg on Thu, 07/14/2011 - 2:38pm
Boston Police yesterday charged Jonathan M. Aguasvivas, 18, as an armed career criminal after officers found him sitting on top of what turned out to be a stolen and loaded gun.
Aguasvivas had the charge added to charges of unlawful possession of a firearm, unlawful possession of ammunition, carrying a loaded firearm and receiving stolen goods because of his conviction for a 2009 armed robbery, Boston Police and the Suffolk County District Attorney's office report.
According to police, officers spotted a car believed involved in recent gun incidents around 9 p.m. at Hutchings Street and Elm Hill Avenue in Roxbury. When they queried the car's plate, they discovered it had an invalid inspection sticker, which was enough to warrant a traffic stop; on Seaver Street.
During the traffic stop, officers observed the occupants to be unusually quiet in comparison to past interactions and specifically noticed that the front passenger, Jonathan Aguasvivas was shuffling his feet back and forth as if pushing something under the front seat. Based on past interactions and the actions displayed by the front passenger and the unusually quite behavior displayed by the occupants, officers decided to pat frisk the occupants of the car. The occupants were removed and pat frisked. Officers conducted a further pat frisk of the area where front passenger Aguasvivas was seen shuffling his feet and there observed a white tube sock with an object inside of it. Officers frisked the sock and felt something consistent with a gun. Further check of the sock revealed to officers that it was a loaded handgun.
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Comments
One fewer thug and one fewer
One fewer thug and one fewer gun on the streets. Bravo to that.
But the report seems a little fishy on the probably cause side of things. IANAL, of course, so if anyone with a more experienced view of the criminal justice system wants to elaborate on this I would like to read it.
probable cause
There was a valid stop for the civil infraction, the question will be whether the exit order, pat frisk and further search of the car meet constitutional strictures.
The defense will certainly file a motion to suppress the gun and at that motion hearing a judge will rule on whether or not the evidence (gun) was legally obtained by police. If not, it will be suppressed and the case will likely be dismissed.
Reasonable Suspicial
Remember that the standard for pat frisks, or "Terry Searches," is a reasonable and articulable suspicion, not probable cause.
Unusually Quiet = Suspicious?
So ... mouth off to the cops and be searched. Don't mouth off to the cops and be searched.
Not saying they didn't have other reasons, but it is strange to see "cooperative" conflated with "suspicious". Sounds like a no-win game here.
You're Forgetting the Car
It matches a description of one spotted near a shooting, which is a specific and articulable reason to suspect a threat to officer safety. Add footsie with an object at the suspect's feet, and you've got enough to beat a motion to suppress.
Everyone had seen this video
http://www.youtube.com/watch?v=uj0mtxXEGE8
Of course, the driver forgot to ask if any of the passengers had a gun or warrents.
It wasn't the fact that they
It wasn't the fact that they were quiet. It was the fact that they were unusually quiet.
It actually says "unusually
It actually says "unusually quiet in comparison to past interactions" which leads me to believe the Officers have spoken to these individuals before and have more often then not found them to engage them in conversation freely.
The location is also in the middle of H-block and the rear passenger shuffling his feet as if to hide something there also plays into the equation.
Also the BPDnews report has additional information.
"Officers observed a car that was known to them from several prior firearm related incidents"
"Officers attempted to conduct a traffic stop of the car but the car failed to stop immediately but rather traveled down Seaver St. until it got to the front of 148 Seaver St. where it came to a stop."
You don't reach the level of being charged as an armed career criminal if it is your first rodeo
what or where is 'H-block' ?
H-Block is the area around
H-Block is the area around Humboldt Ave, Hutchings St, and Homestead Ave, among other H named streets in Roxbury that have historically been a violent gang area
H-block is the actual name of the gang in that area...
They are responsible for the murder of 14 year old Jaewon Martin last year.
h block is at war with heath
h block is at war with heath street lots of "murder drama" there! murder drama is an unsolvable conflict that will only begat more violence so sad to say but it is here to stay.
Fun with borders
and most of the people in that hood think they live in Dorchester
H-Block . . .
. . . is known to me as the hunger strike block at Long Kesh Prison for the Irish hunger strikers lead by Bobby Sands- a group of them died in the early 80's while on strike.
I see no problem with this..
So a couple of cops see some kids known to them as, let's say "troublemakers", they wait for a reason to pull them over, then they notice that they aren't displaying their usual fuck the police attitude. A search is made and a gun is discovered and a kid who should be off the streets is taken off the streets.
Sounds like a win-win for people who don't live in Medford, no?