Appeals court hears challenge to warrantless search after Taunton traffic stop

An appellate panel heard argument over whether a traffic stop in Taunton became unlawful after a trooper continued questioning a driver who produced a facially valid New Hampshire license and a Massachusetts registration and whether subsequent consent to search was voluntary.

The defense, Attorney Dave Rotundo for the appellant, told the court the trooper “received a facially valid New Hampshire license and registration” but then prolonged the encounter while the driver searched for proof of insurance. Rotundo said the recording shows “about 7 minutes” elapsed before the trooper asked about a bag and that during that time the driver “was not free to leave” and “was not informed that he had a right to refuse consent to search the bag.” He argued the delay and the context converted routine questioning into an investigatory detention and that consent was the product of a coercive environment rather than a voluntary waiver.

Bristol County assistant district attorney Rob Kidd told the panel the Commonwealth’s position is that the encounter produced consent. Kidd emphasized the officer observed the defendant looking toward a backpack and that, in the totality of circumstances — including the trooper’s observations on the video — the…