On January 31, 2014, I, along with Officer Cicerone were on duty for the Somerville Police in marked cruiser
664. At approximately 12:35 PM, I randomly queried Massachusetts Registration 6 via the CJISWEB. The listing came back to a 2003 Honda Accord with a revoked registration due to a lack of insurance. Based on the vehicle’s status, Officer’s conducted a motor vehicle stop at 337 Broadway, a public way within the City of Somerville.
Officer Cicerone requested the operator for his license and registration, and confirmed that the operator was in fact the owner, Mr. Tommy Rodriguez. As Officer Cicerone walked away from the vehicle towards the cruiser, I approached the driver’s side window. I immediately noticed that Mr. Rodriguez’s pants had been manipulated, as his belt was halfway between his waistline and knees, exposing a second pair of pants (black sweat pants). Mr. Rodriguez became noticeably nervous, as his hands began to shake as they were positioned on his lap. At this point, I engaged Mr. Rodriguez in conversation about his exposed Louis Vuitton belt, to which he stated it was “not real.”
Mr. Rodriguez then received a phone call which he answered, and stated to the caller that “the cops just pulled me over.” With Officer Van Nostrand at the passenger side of the vehicle, I signaled to him that his left hand (hand holding the phone) was shaking excessively. Mr. Rodriguez terminated the call, and I asked why he was so nervous. Mr. Rodriguez stated, “because I wouldn’t have been driving if I knew my insurance was cancelled.” Mr. Rodriguez placed his phone in a phone pouch attached to the left side of his pants, and his right hand reached towards his groin area. I advised Mr. Rodriguez that his nervousness and hand movements were beginning to make me nervous, requested that he keep his hands away from his pockets, and step out of the vehicle.
I would like to note that Mr. Rodriguez was going to have to exit the vehicle due to the fact it was being towed, however, his nervousness and hand movement’s required an earlier exit order for safety purposes.
Upon exiting the vehicle, Mr. Rodriguez turned his back to me and faced the car. During this movement, Officer Cicerone and Van Nostrand observed a small round package fall from his right pant leg. Officer Cicerone placed Mr. Rodriguez in handcuffs and retrieved the package. Please see Officer Cicerone’s supplemental report regarding further details.
After the package was recovered, I advised Mr. Rodriguez of his rights pursuant to Miranda from a card located in my left breast pocket. Mr. Rodriguez acknowledges his rights, and stated that he was willing to speak to me. Mr. Rodriguez stated that the package contained “half a finger” (5 grams) of heroin, and that he had just purchased it for $350. He then stated that he tried tucking the package into his groin when he was first pulled over, but that it fell down his leg.
Mr. Rodriguez was issued Massachusetts Uniform Citation # R4232289 and two plates were seized from his vehicle. The vehicle was towed from the scene by Pat’s Towing.