Judge: Search that found guns in Holyoke case was illegal
Nov. 12, 2015
SPRINGFIELD, Mass. (AP) — A judge has ruled that two guns found by police hidden under the hood of a car during a traffic stop in Holyoke were seized during an illegal search and tossed them as evidence.
Anthony Ortiz was pulled over for playing music too loud on Jan. 23.
Police, recognizing Ortiz as a felon, asked him if he had any drugs or firearms.
The vehicle's occupant consented to a search, and the guns were found in a bag, under the air filter, under the hood.
The Republican (http://bit.ly/1NMU3Au ) reports that a Hampden Superior Court judge ruled that the search consent only applied to the cabin of the vehicle, not under the hood.
Ortiz is facing firearms and other charges.
Prosecutors said they disagree with the judge's decision and plan to appeal.
Information from: The Springfield (Mass.) Republican, http://www.masslive.com/news/