Boston Criminal Defense Lawyer Blog

North Shore Bank, located on Andover Street in Peabody, was robbed Thursday afternoon by two males, and police are still searching for the suspects, according to the Peabody Patch. Police were alerted to a suspicious male in the bank at approximately 2:30 p.m. The man demanded money and left with an undetermined amount, according to a Peabody detective. Surveillance videos reveal one man wearing sunglasses, a hat, and a hood demanding money from a bank teller. There was apparently no weapon, and no one was injured. Police are looking for a Toyota Camry and are asking citizens to call with any information.

From the perspective of a Massachusetts criminal defense attorney, there are several issues in this report worth discussing. First of all, the Toyota Camry is perhaps the most common type of car on the road. It has been the best-selling car in America for 10 consecutive years, according to autoguide.com. There is no indication in this article that the police are looking for a particular color, year or license plate number. There is also no indication that the police have any physical description of an operator or passenger of the Camry. This is important because in order to lawfully stop a car or a person based on a description, the description cannot be so general that it would include a large number of people. The description must be sufficiently particularized, and it has to go beyond obvious details. Here, the bare “Toyota Camry” description is extremely general. If any person is stopped in connection with this investigation, they may have strong grounds for arguing that the stop was illegal.

It might be that police ultimately receive a tip that a person is suspicious because they were seen with a large amount of cash. If this becomes the case, it should be noted that police must have a reasonable suspicion of criminal activity before they can legally stop a person, and being in possession of cash is not a criminal activity. Here in Massachusetts, where a robbery is unarmed, the government must prove beyond a reasonable doubt that the defendant used force or threat of force or assaulted and put the other person in fear. In one Massachusetts case, the Appeals Court said that a jury could find that a defendant’s masked appearance and his gestures could be a basis for fear that the defendant would use force unless his demands were complied with. In Massachusetts, the crime is punishable by life or any term of years. Bank robbery is a federal crime under Title 18, section 2113 of the United States Code. Under the federal law, bank robbery is punishable by up to 20 years.

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Recently, five men were arraigned on charges of sex for a fee and enticement of a person under eighteen in the Boston Municipal Court after a Boston police sex trafficking sting. Another man failed to appear in court and a warrant issued. Four of the men were released on personal recognizance while one was held on $1,000 bail due to his criminal record. Prosecutors allege that the six accused contacted Boston police officers posing as young girls on the Internet for sex. The men allegedly agreed to meet with the fictional teenage girl at local hotels. Each of the defendants allegedly described their clothing and gave their phone numbers. Once a suspect was in sight, police called the numbers and the defendants’ phones allegedly rang. Prosecutors told local media that a similar sting was conducted in August, after which five men were arrested for allegedly soliciting sex from officers posing online as a 15-year-old.

Under “An Act Relative to Commercial Exploitation of People,” signed into law by Governor Patrick on Nov. 21, 2011, enticement of a person under the age of 18 by electronic communication to engage in prostitution, human trafficking, or commercial sexual activity is punishable by up to 2 ½ years in the house of correction or by up to 5 years in the state prison. “Enticement “ includes any of the following: luring, inducing, persuading, tempting, inciting, soliciting, coaxing or inviting. The offense is considered a sex offense involving a child and a sexually violent offense. The law also created a fund for victims and “safe harbor” provisions to protect child victims from being prosecuted. A second or subsequent offense carries a 5-year mandatory minimum state prison sentence. Massachusetts was ranked among the most improved states in anti-trafficking in the country following enactment of the law. Massachusetts is now ranked in the top four, along with Washington, Minnesota and Texas.

Suffolk District Attorney Daniel Conley told local media that one goal is to reduce the demand for human trafficking. In a Boston police statement, the department said that the Human Trafficking Unit is “committed to ending the exploitation of young people” and will continue to seek out and prosecute those who do so. According to Attorney General Martha Coakley’s office, approximately 27 million people are trafficking worldwide.
Sexual exploitation is the most widely reported type of human trafficking because it is generally more visible, but other more “underground” forms include forced labor, forced marriage, domestic servitude, and organ removal.

The relatively new legislation also targets organ trafficking, which is punishable by up to 15 years in state prison or a $50,000 fine, or both. There has been a rise in human organs, mostly kidneys, being sold on the black market. Organ trafficking involving a person under 18 carries a 5-year mandatory minimum sentence.

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