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POLICE LOG: Teenagers Searched For Pot, Alcohol at Forge Beach; One Threatens to Call Mom

The following information was supplied by the Westford Police Department. Where arrests or charges are mentioned, it does not indicate a conviction.

 

The following are entries from the Westford Police log for Oct. 22 and 23.

The Westford Police Log is available to the public at the Westford Police station on Main Street, with earlier logs available online at www.westfordma.gov

Additional information is available in certain cases from the Westford Police Records Department for a nominal fee.

Monday, Oct. 22

2:47 p.m. - Police responded to a motor vehicle crash on Old Lowell Road. Injured parties in the crash were taken to the hospital.

Tuesday, Oct. 23

9:34 a.m. - Police cleared a traffic hazard near the corner of Groton and Dunstable roads.

Follow Up

Oct. 10, 2:04 p.m. - Gun shots were reported by residents near Beacon Street, although several people walking in the area told police that they were unsure if the shots had come from the quarry on North Street or possibly the pond inside the East Boston Camps.

At this point, dispatch told the officer that the shots had come from hunters near the boat ramp on River Street.

Oct. 12, 7:15 p.m. - Four teenagers were spotted in a minivan at the Forge Beach parking lot by an officer on patrol.

The beach is closed after dark, so the officer went over to the car and noted a slight odor of unburnt marijuana. When asked if any of the teenagers had marijuana, one of them said that they did not at that present time.

This response prompted the officer to call in the K-9 unit, at which time another one of the teenagers stated that there was marijuana in the vehicle earlier which had been smoked.

Shortly after this point, the K-9 unit arrived and the first officer on the scene asked all four teenagers to exit the vehicle.

There, it was discovered that the teenager who talked to the officer first had a water bottle half filled with brown liquid later identified as Southern Comfort.

Then the teenager who said that there was marijuana in the car earlier became irate according to the first officer's description, saying that the search was illegal and that he was going to call his mom.

This teenager continued to pace and appeared as though he was going to run away until the officers informed him to relax and put his hands behind his back or he would be placed under arrest. He complied and eventually calmed down completely, but not without further protests.

Three of the four teenagers were found to be drinking, as 16 beers were remaining from a 30 pack of beer found in the car.

The three teenagers were issued citations, but not arrested. They were later picked up by their parents.

Related Topics: Police Log

Mary G

12:29 pm on Thursday, October 25, 2012

Yes, that was an illegal search. Police in this low crime area don't do anything productive, and it's very entertaining for them to engage in criminal acts themselves like illegally searching, detaining, and harassing youth. It leads to resentment of officers, who should be acting within the law and would be respected for it. Sad police...they should be replaced for such actions.

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Dan D.

4:00 pm on Thursday, October 25, 2012

The police should be lauded for this. What in earth are you thinking? Are you one of the "Take my Kids Side No Matter What" parents? If so, you're doing them no favors and taking the easy way out.
The cops could have arrested the young knuckleheads for having a container of alcohol, underage drinking, and probably a whole lot more. Or, they could have got higher and drunker and caused all sorts of problems.
My kids are grown and weren't saints by any measure, and I was always grateful that the Westford police seemed to have the "keep the kids safe and what's in their best interests" attitude instead of "arrest the jerks" which happens a lot in other towns. Use your head, not your feelings on this, please.

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Derek

3:59 pm on Thursday, October 25, 2012

Perhaps it's a low crime area precisely BECAUSE police take notice of things and check out suspicous vehicles, such as a minivan parked in a closed beach parking lot. That, by itself, is suspicious enough to get a cruiser to drive past and check it out. Smell pot coming from the car, who is to know if they are using small, legal amounts or carrying a load to distribute. I think the way you find out is by checking into it. It's called probable cause.

I, for one, applaud the effort. And, oh by the way, just holding the kids and issuing citations while calling parents should be seen as a lenient response, that I would think parents would be THANKFUL for. Or would you rather let the kids go, get away with it, and learn nothing from it, except that they can do what they want with impunity?

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Mary G

5:52 pm on Thursday, October 25, 2012

Derek, smelling pot does not constitute probable cause in this state. It's great that you know that phrase, but unfortunate that you have no idea how it applies here. There is already precedent in this state. Dan D, you're relying on emotions here, thinking about all of the things that could have happened. All that really did happen here, was that overzealous cops performed an illegal search and made these teens resent them for it. (they knew it was illegal as it happened) You don't need to use your feelings because the law is quite clear on this, smelling like pot is not enough reason to be searched. This is why Westford can't even pay it's teachers, our priorities are so screwed up that you would protect illegal searches so that we can pay cops to parent our children. Don't just sling from the gut here, think about the effect this would have on your children!

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Amber B.

11:40 pm on Friday, October 26, 2012

I guess that was less awkward than catching Mom and Dad in the minivan on date night...

Kate H

1:17 pm on Thursday, October 25, 2012

The beach was closed they were tresspassing and drinking alcohol. So you would rather the children to drive home high and intoxicated?

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Mary G

1:36 pm on Thursday, October 25, 2012

Kate, nobody said that they had consumed any alcohol. If they were trespassing they should have been asked to leave. The search is illegal because possession of marijuana is not a criminal act, and there was no probable cause or indication of a crime being committed. It's a misdemeanor with a fine. Would you prefer if every time the police pulled someone over for speeding they performed a cavity search? They need to actually suspect a crime is occurring before violating your rights. To answer your question Kate, YES. I would have preferred it if they were allowed to drive home like free citizens. The police should never be defended for illegal actions, they are the biggest crooks out there.

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Dan D.

3:59 pm on Thursday, October 25, 2012

Actually, according to the article, they were drinking. And,the smell of pot is suspect enough, not to mention trespassing.

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Mary G

4:25 pm on Thursday, October 25, 2012

Dan D. the article implies drinking because the 30 pack didn't have 30 beers remaining. Nowhere does it say that they were drinking on the beach or given breathalyzers. What's humorous is that you are defending illegal actions committed by adults, the smell of marijuana is not probable cause for a search and there is precedent in mass backing that up.

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Chris Daley

5:00 pm on Thursday, October 25, 2012

Mary G give it up! The police found evidence of drinking at the beach. The law is still 21. They were in a motor vehicle with open containers. The rest of us are glad they didnt drive away! Likeky cause a crash, maybe kill themselves or others, hit a pedestrian or child. What are you thinking?

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Mary G

5:37 pm on Thursday, October 25, 2012

They found evidence after performing an illegal search. You can be happy that they were harassed and that their rights were violated if you see this as justifiable for safety. But there is already precedent in Mass on this matter and the search was illegal. So if you enjoy the fact that our police break the law to babysit our citizens, say that! Nobody can deny that searching a car in Mass because they think they smell pot is illegal. THAT IS THE LAW.

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Kevin

6:12 pm on Thursday, October 25, 2012

One would have to be brain dead to allow 4 teenage boys with a 30 pack and pot to drive anywhere. Notwithstanding your anti cop screed, you are obviously not a parent. If these boys hit and killed a pedestrian on the ride home after the cops let them go, would you say the cops were negligent for letting them go ? I think you might. Moreover, any reasonable person would assume that they were not in condition to drive and they are damn lucky that the cops let them off with a slap on the wrist. Yes I believe in rights and you are fully entitled to your opinion on police and corruption but the majority of law enforcement is there to protect us.

Arlo

2:02 pm on Thursday, October 25, 2012

possession of marijuana may not be a crime, but i believe underage drinking and an open container of alcohol in the car is a crime. Agreed that there are plenty of details not included in this article, but It sounds like there was ample reason for the police to be "harassing" these kids.

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Mary G

3:14 pm on Thursday, October 25, 2012

They wouldn't have even known about the open container if they had acted within the law and let them leave. In Massachusetts if you have a liquid in an unmarked container, police have to perform a very expensive test to prove what it is. They never do the test. In this case, the police most likely lied to these people and threatened them until one of them divulged the fact that it was soco. It was only after harassing them that the alcohol was found. What if they hadn't found anything? Then it would have been harassment for nothing. It was illegal, and perhaps you support illegal searches to protect teens? That's an argument you could make, although it belongs in another country. In America, what these cops did was illegal.

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Kevin

12:04 am on Saturday, October 27, 2012

So according to you people, the police breaking the law is perfectly fine but, the teenagers who were illegally searched breaking a law isn't? Just because they are police officers doesn't mean they have special rights or that they are always right, being a cop is an occupation, they have the same rights as non police officers do, and this search was illegal and quite possibly even profiling the teenagers in the car. I'm not saying letting anyone drive drunk is okay, but i believe that we ALL have to abide by our own implemented laws, police officers don't have special rights.

Molly

2:05 pm on Thursday, October 25, 2012

I cannot believe some of the responses... 4 teenage kids with alcohol and drugs and people are saying it is an illegal search and should have driven home. Could this be why there is are so many drug addicts out there today?? Possession of marijuana is only legal under a certain amount, not sure the actual amount but anything over that amount is illegal possesion and in some cases with the intent to distribute. It is not clear why the 4th was let go or any of them were not arrested. They were minors in possesion of alcohol and a minor driver transporting the alcohol. Kids have to understand there are consequences for their actions. Had these kids been in a car accident and killed themselves or someone else and the police had let them drive away, not sure if all your responses would be the way they are!!! If those were my kids I would be very happy that the police had searched them, arrested them and any other consequences they would of had. I would only hope it would scare them for good from drinking or doing drugs and spare them from a terrible drug addicted road so many other families are on... PARENTS PLEASE YOUR ONLY HURTING YOUR OWN KIDS BY CONSTANTLY TRYING TO SAVE THEM FROM HAVING CONSEQUENCES FOR THEIR ACTIONS!!

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Mary G

4:26 pm on Thursday, October 25, 2012

We have drug addicts because we lie to our children and tell them that cigarettes and all street drugs are dangerous. Then when they inevitably smoke something and realize that we've been lying to them, they are no longer afraid of the truly scary street drugs. Look to South America, and parts of Europe, where drug use is decriminalized and treated. They have gone from rampant addiction to far less than we have here in under 10 years.

I cannot condone underage drinking in public. We don't know that anything was consumed in this case, and clearly the search was illegal. So the possession of alcohol should never have been discovered. I'm not fine with the police breaking the law or harassing citizens. Do you really think the teens learned a valuable lesson here? They knew at the time that it was an illegal search. All this does is to cause further resentment of these crooked police, and disrespect towards the entire system that allows these teens to be mistreated. Put yourself in their shoes, having just been denied their rights, and think about the effect this has on them.

Kelly

6:11 pm on Thursday, October 25, 2012

It's not a question of whether or not they did something illegal - they were minors in posession of alcohol. The question is was the car searched illegally. The Officer claimed he smelled unburnt "fresh" pot and none was found. Did the car smell like pot or was it an excuse to be able to search the vehicle which would violate their civil rights. That is the question.

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Kevin

6:15 pm on Thursday, October 25, 2012

By virtue of minors in possession of alcohol, they have broken the law. As such the police should search the car, period !

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Mary G

9:39 am on Friday, November 2, 2012

Kevin, they didn't know they had alcohol until they had searched the car. So you're advocating letting police search anything, anywhere, because they're bound to find something illegal every once in a while. That is not the American way. If you appreciate your freedom you should not let the police take it from your children.

Kelly

6:22 pm on Thursday, October 25, 2012

But they didn't know the alcohol was in the car until they did a search on the presumption they had pot. I'm not saying they didn't do something wrong - the question was the search done illegally - talking legally here...

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Kelly

6:29 pm on Thursday, October 25, 2012

Kevin - It's not a question of whether the police "should" search the car - it is a question of whether it was legal for them to search the car.

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Molly

6:30 pm on Thursday, October 25, 2012

Sorry Mary G, we have drug addicts because kids start smoking pot and drinking at very young ages. Talk to any drug addict, many who have spoken at the schools and they will just about all tell you they started with POT first!!! Then pot becomes boring and they begin to move onto the other harder, cheaper street stuff. But hey, I did not vote to legalize pot and I never will. But for that kid to be threatening to call his MOM, shows he had no fear of his mother knowing he was out drinking and smoking pot. I am pretty sure my kids wouldn't be looking to call me to that scene if their life depended on it. That would be the next reason for all the drug addicts, No Consequences for these kids. I could almost bet those kids didn't even get grounded from their little night out. Look, if you don't care that your kids use drugs and want to fight illegal searches for your kids great, you support their drugs habits the rest of their lives! I am happy knowing the Westford Police Department is trying to do the best they can for the kids in this town, and sounds like they gave these kids a break.

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Molly

6:40 pm on Thursday, October 25, 2012

Keep in mind that these teens had to be around the age of 16, I believe they would publish the ages if they were over 17.

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Amber B.

11:47 pm on Friday, October 26, 2012

I actually agree with Mary and Kelly because police are regularly ignorant of the law, and abuse their power especially when it comes to people they feel like they can push around.

I don't condone underage drinking or anything of the sort, but the police still need to act within the confines of the law and not skirt around it.

Also, one of the smartest bosses I ever had was a regular pot-smoker. He was ex-military, ex-US Marshall, and an ace programmer. Every day at lunch he went out and lit up a joint, and never moved on to anything harder. To say marijuana is a gateway drug for everybody just because it was for some people is illogical.

Correlation does not equal causation. Everyone who enjoys a glass of wine is not an alcoholic, nor will they become one just because they enjoy a nightly glass of wine.

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Lee

2:40 pm on Saturday, October 27, 2012

Molly, I have to disagree with you about your feelings of the teenager wanting to call the mom. I am sure the kid was nervous, frightened, felt intimidated and wanted someone there that could be trusted. I do not think it was a case of feeling that the parent would not punish this behavior but that it was a matter of feeling legal rights were being violated and that another authority figure should be around to stop things from becoming more out of control. I love my children unconditionally, as I am sure this parent does, and would be glad that they would feel comfortable enough to want to talk with me about ANY problem they may be facing. I would not want any child to be raised in fear of their parents and not want to have them there even "IF THEIR LIFE DEPENDED ON IT " as you stated. Glad your not my mom because I get the feeling I would never have had any form of open communication with you. A relationship with communication is a good thing and can help solve problems and address them before they become bigger issues.

KarenL

7:07 pm on Thursday, October 25, 2012

Mary is correct on the law:
http://www.thenewspaper.com/news/34/3461.asp

Now, I will freely admit that I have mixed feelings on this. If it were my teens sitting around on a closed beach with booze in the car, I would want them to be caught...by me, by the police, by someone.

My former teens are grown now and more or less on the straight and narrow. We supervised pretty heavily ourselves, including going through cars (owned by US, and borrowed by them, they did not get free access) when they returned them. We had a pretty good idea of what they were up to, good and bad, but I'm sure they slipped a few by us. Made them angry, but at least they knew cared about what they were up to ;).

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KarenL

7:15 pm on Thursday, October 25, 2012

Molly, the driver, at least, had to be 17, or he was breaking the law regarding a junior operator's license. You cannot get a JOL until you are at least 16.5 and then you cannot drive with anyone under 18 in the car, except immediate family, unless there is a licensed driver 21 or over in the car was well.

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JR

11:02 am on Friday, October 26, 2012

Mary,
I believe Andrew has said in the past that Patch does not publish names unless the person is arrested. So if only a citation was issued, the name(s) would not be published here.

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Andrew Sylvia

11:26 am on Friday, October 26, 2012

Heard my name here, so I'll chime in.

JR is correct, it's our policy not to publish names of anyone unless they are arrested. We also try to be somewhat vague in circumstances where someone could be identified directly from their position as well in order to protect some privacy.

Ultimately, just about all interactions the public has with with police are public information, and I believe it's my role as a journalist to help provide as much transparency to those interactions when possible without interfering in the ability of police to perform their jobs.

P.S. -- I haven't mentioned this yet, but there has been one change in the Patch policy, before we did not use names of anyone arrested under 18. Now it's 17, anyone over 17 is considered to be an adult to my understanding in the State of Massachusetts when it comes to legal proceedings.

P.P.S -- And just one more thing, the report I received on this incident had the charges on the citation redacted. Thus why I didn't mention what the citation was for, only that there was one (which was mentioned in the report.)

Molly

7:56 pm on Thursday, October 25, 2012

Well they do not sound like kids that had much regard for the rules, so breaking a JOL is not really a big deal. Many, many kids have absolutely no regard for the JOL of the 6mos no driving friends, That is a whole different topic.

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Vox of Reason

12:14 am on Friday, October 26, 2012

Please, please, please vote for Mitt Romney ...our save everyone from any hint of civil liberty infraction will be the Doomsday of is all (!) otherwise. Gawd damn bleeding heart liberals ...

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Randy Winslow

12:57 pm on Sunday, October 28, 2012

Whether or not the search was legal is irrelevant to the aims of police in this case and in many cases. Many times the officers know a search will be thrown out, but continue with it so the can confiscate the contraband and stop the more serious illegal activities, such as driving under the influence and killing someone. Plus everyone know nothing goodnhappensnin westford after 7:00 pm.

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Mary G

5:43 pm on Sunday, October 28, 2012

Randy, what you just described is exactly why these laws against illegal search exist. You really think an officer can do something illegal to every teen they see out at night, because every once in a while they will find beer in the trunk? My sons were never charged with a single crime or misdemeanor, but were pulled over and harassed on 6 different occasions. They left the state for college and now work in different states, they are still scared of the assaults and injuries from Westford and Groton police even years later. At the time, the police department denied everything and the crooked cops got away with beating three 18 year old boys before they headed off to top-tier schools. If you don't think their disregard for the law is a serious problem, you're very naive.

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Amber

6:00 pm on Sunday, October 28, 2012

Mary G - that sounds like the officer who tried to bully me and my son into "confessing" to stealing stuff from the Nabnasset school roof. The officer swore up and down to me he had a "reliable witness" who placed my then-teen son on top of Nab school while they were re-roofing it. I thought he was kidding. I actually laughed. Then the officer haughtily stated, "I'm glad you think it's funny, but I don't". So I explained to him that there was no way my son could have been on top of that roof the night/time frame in question, and his retort was something to the effect of, "you'd be surprised what kids get away with in this town without their parents knowing about it."

So I said, "You really think my 15-year-old son stole a credit card, booked a flight 2000 miles from Washington State where he was for his murdered uncle's *funeral*, got a ride or hoofed it from the airport to Westford, then did it all in reverse back to Washington a few hours later? Just so he could climb on top of the Nab school and steal roofing supplies??"

So much for their "reliable witness".

That WPD officer sure had his finger on the pulse of what lengths 15-year-old boys will go to for "fun".

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Mary G

7:05 pm on Sunday, October 28, 2012

Yes Amber, I recently helped a neighbor with transportation to and from the hospital after her husband's heart attack. The police officer who was standing outside the house, was creating a traffic problem. The ambulance was in the driveway, the police officer chose to block half the street with his cruiser. I spoke with this officer about how sad it was that my neighbor was having an emergency. His reply was that he was happy because it gave him something to do. So insensitive. I'm sure there are some good police officers out there, but in Westford I've only witnessed the worst.

Kilroy

6:02 pm on Sunday, October 28, 2012

Cops need to understand they are not above and outside the 4th Amendments protection of unreasonable searches and seizures (and case law and not officer judgement defines legal vs illegal )

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Chris Daley

8:09 am on Monday, October 29, 2012

You know when you're wrong or pushing the blue line. Hey you're really free when you've got nothing to hide! And whenever I was approached by a county sheriff deputy, state or even US Border Patrol near Tucson, I am ALWAYS cooperative, despite my aggravation or feelings. And in a small town where police know you, they usually know your history and reputation. Being combative, foul language, acting persecuted will get you nowhere. For me traveling or homeless, it's usually an ID check or similar description of someone else-you know you're innocent, but be polite, be cooperative! Westford has their job to do, but so do I in my efforts. It's called TAKING RESPONSIBILITY FOR YOUR BEHAVIOR.

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Mary G

9:45 am on Friday, November 2, 2012

So when does a police officer take responsibility for the crimes they commit? We know they're not infallible, when they screw up they need consequences. I would never be disrespectful to an officer on the side of the road. However, I would absolutely call my lawyer the next day. Police have been taken off the road before, it's your duty as a citizen to report them.

Kim

2:58 pm on Wednesday, October 31, 2012

Chris - I know for a fact that the officers use the "f" bomb and yell in their faces, the kids get aggravated and verbally fight back. It works BOTH ways. They would get a lot more cooperation and respect from these kids if they showed them a little respect and acted more professional.

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Kaio

9:13 am on Friday, November 2, 2012

@MaryG. No matter how much of a civil liberty nut you are, you cannot fault the cops in this case. List of probable cause:
1. Minivan on beach illegally!
2. Smell of pot in the air.
Have you recently relocated from Dorchester? This is Westford!
The only other possibility is that it was one of your kids. Even if it was my kids, I would thank the cops and pray they do that every time my child crosses the line of the law! Don't you get it? Drunk teenagers (illegal drinking), no arrests (so it does not go on their permanent file. The cops were perfect. You, on the other hand, need to be searched!

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Mary G

9:49 am on Friday, November 2, 2012

Kaio, you clearly do not understand probable cause as it applies to this situation. Smell of pot is not longer probable cause in Mass. Even if the smell is coming from a criminal quantity, there is no way to know until after an illegal search. The citizens of mass voted on this in a referendum, it's our law and the police have to abide.

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Kaio

9:58 am on Friday, November 2, 2012

Mary,

Just answer one simple question.
Would you or wouldn't you want "someone" to stop your kids if they were doing this?
If your answer to that question is "yes" then thank the cops.
If it is no, then God help your kids!

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Mary G

10:14 am on Monday, November 5, 2012

Kaio,
My sons don't need God, they attended top-tier schools, graduated with honors, and have high paying jobs. They prefer to have us visit them because they are afraid to drive home through Westford after being assaulted by our police. If my sons were caught breaking a law, I would want them to experience the consequences. I would not want them to be illegally searched for any reason. In the case we are talking about here, these kids didn't smell of alcohol or appear drunk, that's not why they were searched. The cops "smelled pot" and never found any. "Smelling pot" doesn't need to be qualified or measured or documented in any way, it is simply something that police used to be able to say to search cars when they felt like abusing people. That is now illegal in this state. I would not want any child in Westford to have their rights violated in any way, if these were my sons I would have been in the police station the next morning. Our lawyers would have these officers suspended within the week. By the way, my youngest son is graduating this year and applying for law school.

Kaio

9:18 am on Friday, November 2, 2012

BTW, I was pulled over recently for not having both my headlights working. It made me proud to be in Westford and I got the thing fixed immediately. Seriously Mary, you need to either chill or relocate to a high crime area where no one gives a $#%.

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Mary G

9:54 am on Friday, November 2, 2012

Were you harassed for several hours? Did they accuse you of transporting something illegal and then search your car. Did they go through your personal items and invade your privacy without cause? Did they make someone else come pick you up? Did they threaten you?

Yes, it was nice of them to tell you that your headlight was out, but that has absolutely nothing to do with this situation. Police should absolutely be allowed to pull people over and give tickets. However, when they break the law, we should not protect them. When they break the law, they need consequences, just like children. If we don't stop them from violating our rights now, we invite it on ourselves in the future. Just imagine if they had treated you like they treated these teens, and how you would have felt then.

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Kaio

12:58 pm on Monday, November 5, 2012

So, how long were they interrogated?
Also, with regards to breaking the law, they should be afraid. The log clearly states "Three of the four teenagers were found to be drinking". Do you refute that? Last time I checked, this was illegal. NEVER side with your kids wrongly!

Amber

9:22 am on Friday, November 2, 2012

I would think everyone would have a little "civil liberty nut" in them. The alternative is antithetical to our way of life in a free, democratic republic.

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Kaio

9:41 am on Friday, November 2, 2012

@Amber. Sure, but reading the log it is clear there was enough cause for suspicion. The kids first lied to a police officer (no pot). When the officer was there, he must have smelt alcohol on their breath too.
Would you or wouldn't you want "anyone" to stop your kids from doing this?

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Amber

9:58 am on Friday, November 2, 2012

I want them to play by the rules they expect everyone else to play by. To get respect, you give respect. Plenty of officers here are respectful, but I've seen just as many power-tripping anal-retentive jerks who don't even know the law they're trying to yell at you for allegedly breaking.

I'd want them to approach "my kids" respectfully, do their job within the confines of the law, and then call me so I could assess the damage and kill them myself if need be. ;)

Listen, you're talking to the wrong girl on this topic. I got cited once for open container and MIP at age 19 because I was the designated driver - doing the right thing, my father was killed by a drunk driver - for all of my over-21 friends and the people who were drinking at the house party put their case in the car instead of the house.

I wasn't driving, the vehicle wasn't moving, but because the officer shined his light into the car and saw the half-full case he made all sorts of assumptions. Luckily, his partner was NOT a jerk, and explained the situation rationally. The magistrate dismissed all of the charges because (despite the two VERY different write-ups by the officers), as he said, I was doing what they hoped most young people would do. If his partner had taken the lead, or had been two officers of his mind-set together, I would have been screwed for doing the right thing.

No, I don't trust the police implicitly. Sorry. Absolute power corrupts absolutely.

Kim

10:08 am on Friday, November 2, 2012

Kaio - There was no pot found in the vehicle or on the kids.

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a concerned citizen

2:13 pm on Monday, November 5, 2012

First, they were trespassing. The sign posted at the entrance clearly states that the beach is closed dusk to dawn. Second, pot is illegal. It's no longer criminal, it's a civil fine. The odor of fresh marijuana is probable cause to search for fresh marijuana. Just because they didn't find it doesn't mean it wasn't there or hidden well. The smell doesn't go away immediately upon the marijuana going away. Kinda like using the toilet.
The odor of burnt marijuana is probable cause to get the operator out of the car and test thier cognitive ability to operate a motor vehicle. Yes it's illegal to operate a motor vehicle under the influence of Marijuana. It's also a civil fine for internal possession, read the law.

It also appears that an open container of alcohol was found. Try and hide an open bottle in a car. I imagine that wasn't hard for the officer to see in the cup holder or on the floor.

Don't be pissed off because the kids were found doing something wrong. Be pissed off that they tried to get away with something and got caught. It appears they got off real easy, they didn't get arrested. Now they'll have to go to court, do some community service, and get their case dismissed by the magistrate. Not even a hint of it on their record. Next time let them do it in your home Mary G., that way they won't get caught.

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Mary G

4:23 pm on Monday, November 5, 2012

The odor of marijuana is not probable cause to search a car or residence in Massachusetts. Scroll back up and read the links, there are several cases in recent years showing this.

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Kaio

5:02 pm on Monday, November 5, 2012

Amber/Mary... your kids were breaking the law. How they were caught is a technicality in my opinion (I know we differ on that). 2 questions:
1. Do you admit they broke the Law?
2. Would you rather have found them in a twisted car wreck?
Do you not get it? Your kids were SAVED! No matter which way anyone looks at this.

Amber

12:17 am on Tuesday, November 6, 2012

Kaio, dude, my kids at home are less than or equal to ten. Not sure why you assume the teens were mine!! Lol

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Kaio

4:38 pm on Thursday, November 15, 2012

Sorry about that Amber...

Slick Willy

6:01 am on Tuesday, November 6, 2012

I think it's funny (sad tragic shameful) when Civil Liberties violations by the police/government are deemed of little consequence under an 'ends justify the means' mantra...

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Kaio

3:22 pm on Friday, November 16, 2012

Hi Slick,

It is NOT a Civil liberties violation when you are parked "illegally" and a cop walks up to you to investigate. They searched the vehicle as they found the kids had broken the Law.

Brendan

6:25 am on Friday, November 16, 2012

Kaio,
The trouble they "sensed" was the smell of Marijuana which is NOT probable cause to search. And yes, this is ONE case where breaking people's rights worked. But you need to look at the big picture. Police should NEVER be allowed to break the law. Police should be following the law spot on. They are not allowed to break someones rights. Sure it did some good in this situation, but the majority of the time it would cause much more problems. Do you believe that cops should be allowed to break the law and then get away with it?
The ends don't justify the means, Kaio.

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Kaio

1:04 pm on Friday, November 16, 2012

Brendan,

They also "sensed" a lone van parked on public property which was closed and isolated. There may be other things not listed in the log that also prompted it.
If you were a passer-by and saw this, you would wonder what is going on.
I have been to the beach parking lot. It is isolated.

Brendan

2:53 pm on Friday, November 16, 2012

Then the cop should of just told them to leave!

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Kaio

3:17 pm on Friday, November 16, 2012

That is EXACTLY what the cop went over to do. However, he could smell alcohol on their breath and THAT is against the LAW (Teenage drinking). What exactly is the problem here? Should he not take action?

Brendan

4:09 pm on Friday, November 16, 2012

Hahaha are you kidding me? No where does it say he smelled alcohol. You just made that up. He claimed he smelled fresh marijuana even though there wasn't any at all. He found alcohol AFTER he illegally searched them. There wasn't even proof that they were drinking. No tests were done.

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Kaio

4:42 pm on Friday, November 16, 2012

I quote "Three of the four teenagers were found to be drinking". I hope WA teaches English (It definitely doesn't seem to impart common sense).

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Kaio

4:44 pm on Friday, November 16, 2012

If they had tested them for alcohol and the tests came out positive, they might have had to "arrest" them. It might have gone on their permanent record!

jmcgruff

4:57 pm on Friday, November 16, 2012

Per Randy and Mary G, the search is illegal and will be 'thrown out' in court...all for the squashing of an inevitable crime. That said, shouldn't the police have then just made the kids pour out the beer and send them on their way? Or maybe write a citation for tresspassing? I like the WPD and think they tend to take a fair and less 'looking for trouble' attitude than some surrounding towns PDs. And now the courts will be tied up with a bunk case that gets tossed after a few pre trial hearings a year or so from now? Glad the kids got caught, but if the cops know the search is illegal (which you know they do), they should have just had them pour out the beer and had their parents come pick them up lik ethey did when I was a teenager 20 years ago...

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jmcgruff

4:58 pm on Friday, November 16, 2012

detract 'send them on their way' in 2nd sentence as I believe the parents should be contacted and had to come pick them up...

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Bender

2:27 am on Saturday, November 17, 2012

Drug dog raid went down at WA this week also as students were caught with crushed OxyCotton recently, the dogs are NOT able to smell pharmaceuticals so less pot now and more Oxy over at the Academy. What an unfortunate mess

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