Fatal Bicycle Crash Under Investigation in Arlington

Is the definition of loaded clearly established in MA? I.e. do we know that it means there was a round chambered? Or is a pump shotgun in "cruiser ready" condition in a locked trunk still considered loaded/in violation?
I have not cites for you, but in at least some jurisdictions the law is clear that a loaded magazine does not constitute a loaded firearm. I'm not sure about MA law, and I am trying to get something done for work (so why am I reading these threads, yeah I know...) so I don't have time to research this right now.
 
In a fatal crash, they seize the vehicle and inventory contents as they do forensics on the vehicle.

But an inventory is not a search. If they don't' have RAS to search the trunk then illegal contents found during the inventory are not admissible. Which is why they will try to get permission for a search prior to doing an inventory. You know. If you have nothing to hide, then there's no problem.
 
Atlantis - Even MA doesn' tplay the game of loaded mags means the gun is loaded.

I don't have a cite at this time, but loaded means a round in the chamber OR a loaded mag in the firearm. So this would include a rifle in cruiser ready status or a rifle with no mag but a round in the chamber.
 
But an inventory is not a search. If they don't' have RAS to search the trunk then illegal contents found during the inventory are not admissible. Which is why they will try to get permission for a search prior to doing an inventory. You know. If you have nothing to hide, then there's no problem.

You're missing the legal shell game... Correct, inventory is not a search. I was performing an inventory of the vehicles contents in accordance with department policy to ensure the contents of the vehicles accountability when it goes to the tow yard (not searching, inventorying), and damned if I didn't happen to see this illegal stuff. At that point I stopped inventorying, requested a warrant and searched the car - damned if I didn't find illegal stuff then, too.
 
In a fatal crash, they seize the vehicle and inventory contents as they do forensics on the vehicle.
MA also places a hold on the accident report and will not release it to an involved driver until the DAs office has decided if it is going to prosecute (at least in Middlesex county in the case I am familiar with).
 
(d) The provisions of this section shall not apply to the carrying of a loaded or unloaded rifle or shotgun on a public way by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States, including members of the national guard, reserves and junior reserve officer training corps; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; provided, however, that any such person described in clauses (i) to (iii), inclusive, shall be authorized by a competent authority to so carry a loaded or unloaded rifle or shotgun on a public way and such person is acting within the scope of his duties or training; or (iv) a person who is lawfully engaged in hunting and is the holder of a valid hunting or sporting license issued pursuant to chapter
 
I was involved in a Federal case that involved a search of a van and a found firearm. Guy known to me comes to my place of business and drops off some radios to see if he could use them for a tow business. One of the sales people checks the s/n's of the radios and calls the listed owner in our database. He says they must be stolen. Salesman called local PD. They setup the guy that brought radios in to come back and have 2 detectives there in the office when he shows up. All this is without my knowledge. As I said, I know the guy. Guy shows up when I'm there, sales is there and PD is there. He tells sales and detectives when challenged that radios were given to him by his girlfriend, the owner of the radio's daughter. They hadn't been used in years. I verify that's the story he told me. They subsequently arrest him. A simple call to the owner of the radios with the name of the guy would have ended it, because they did call when he got to station. Cops arresting him grabbed him, placed him in cuffs and started questioning him. They asked if they could look in his car for more radios. He said no, his dog was in the car. Dog was fine, windows open for vent, not enough for escape. He asks me to call his GF that lives in the town to come and get his dog to which I agree. PD places guy in cruiser and transport him away. PD asks me and salesman if car is properly parked. We say yes, it can stay where it is indefinitely. Detectives call animal control, I call GF. GF gets there before AC. Cops won't let her near the car. AC shows up, cops open the unlocked door AC takes dog. Cops then search the car, looking under front seat find loaded SW M36. Serial numbers ground off. Guy is unlicensed and convicted felon. Enter ATeff. In federal court PD first claimed guy had given permission to enter car and secure it. I had been called as a prosecution witness. I was called to verify that story. I said that was not the case at all. Recess requested. I was then asked if car was illegally parked, then if it was requested by us to be moved, then if it was impeding traffic. All no. Recess. They come back and ask about the dog and the danger due to the heat of the day. It was about 55F and overcast that day. The dog was fine, I told about the GF. She was called, verified she showed up to get dog and was denied. Recess. I was called back and now called a witness for the defense. Fed prosecutor asks about my motorcycle and about my connection to the guy. The guy is a member of a local MC, the MC rented radios from us every years for the security they hire for the annual cookout they had at Myles Standish. I have a motorcycle license. Prosecutor then asks about the 'gang ring' I'm wearing. It's a USN Submarine Service ring I inform him. Judge asks to see it, I give it court officer. She asks about my service, thanks me for my service and for putting up with them all day. Immediately throws out gun as fruit of an illegal search. Case dismissed with prejudice. ATeff begins harassing ME showing up at my work and home to 'talk' to me. "Why are you lying for this guy". "Do you owe the gang". "Where is your Harley, we know you ride a Harley". I rode a Yamaha, my brother rode Harleys. Then "Why are you lying about where you live". I lived in Quincy, worked in another town, Brother with Harley lived in the town I worked. "Tell us about your guns". "Can we see your guns". It never went anywhere so they gave up after a while. Or they are still watching IDK. Even paranoids have real enemies.
 
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