Real Life Somerville Police Stories: Open container

On 10/25/2015, I, Officer Devin Schneider, was in full uniform assigned to marked unit East-1 during the evening shift. The following report is a summary of event that I witnessed that day, as they pertain to incident #15052717:


At approximately 9:21 pm I was dispatched to 228 Broadway for a report of an unwanted male on the front porch. I arrived a short time later along with Officer Patrick Canty (East-4). Upon arriving I observed a male, later identified as Wilson Moya, sitting on a chair on the front porch, which is located inside a gated and fenced in front yard. A sign posted on the outside of fence states “No trespassing or loitering on this property.”


I spoke with the reporting person, XXXXX, the resident of the first floor of 228 Broadway. XXXXX stated that Mr. Moya used to live in the building, but had been evicted over a month ago. XXXXX further stated that she has had several issues with Mr. Moya coming onto the porch and she has told him he cannot be there.


I then spoke with Mr. Moya who appeared to be intoxicated. I asked Mr. Moya if he knew he had been evicted and was no longer allowed on the porch and stated that he understood. I advised Mr. Moya that he was trespassing and he needed to leave, and if he was found on the premise of 228 Broadway he would be subject to arrest. Mr. Moya stated that he understood and was allowed to leave.


At approximately 10:03 pm, less than ten minutes after clearing the first call with Mr. Moya, I was dispatched back to 228 Broadway for a report that Mr. Moya had returned. Officer Canty arrived just prior to my arrival on scene and he relayed to me that he observed Mr. Moya sitting on the front porch of 228 Broadway.


I arrived a short time later and spoke to Mr. Moya who was sitting on a bench on the sidewalk. In plain view inside Mr. Moya’s open backpack sitting next to him I observed a open bottle of Ruble Vodka with some clear liquid still inside. Somerville City Ordinance 9-1 (b) states:


“No person shall give, sell, deliver or consume any alcoholic beverage, including but not limited to beer and wine, on any street nor shall any person have in his or her possession an open container containing such beverage on any street, unless said person (1) is a licensed common victualler that has been granted a permit to place and maintain outdoor seating on a public sidewalk (section 12-14) and is duly permitted by the Somerville Licensing Commission to serve alcoholic beverages with food, at outdoor seating, or is a patron thereof, or (2) is licensed to conduct a festival, fiesta, street fair or any similar event (section 8-14(a)) and is permitted by the Somerville Licensing Commission to serve alcoholic beverages within the boundaries of said event, or is a patron thereof. For purposes of this subsection a container shall be deemed open, regardless of its closed or capped condition if the original sealant of the bottler has once been broken.”


I placed Mr. Moya under arrest, handcuffing him in a manner consistent with my training. Mr. Moya was transported back to the Somerville Police Station in prisoner transport unit-200 operated by Officer Joseph Rivera where he was booked in the usual manner by Lt. Richard Lavey. The bottle of Ruble Vodka was entered into evidence in the usual manner.


Respectfully submitted,


Officer Devin Schneider

Badge #295



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