Lisa F. Young
A hidden compartment in your car (or plane, or boat) could land you at least two years in prison in Massachusetts if a lawmaker gets his way.
Blame it on the war on drugs and pressure from law enforcement lobbying. Stephan Hay, a Democrat state representative for Fitchburg, has introduced a bill that would criminalize operating a vehicle with a hidden compartment designed for the purpose of secretly transporting drugs and related contraband, equipment, currency, or weapons.
The bill, H.1266, separately criminalizes the process of altering a vehicle with the intent of creating such hidden compartments. In each case the bill calls for a two-year mandatory minimum sentence, five years for subsequent offenses. The bill also allows police to seize the modified vehicle.
The bill does not require that there actually be contraband in the hidden compartment, only that a person's "intent" is to use it to transport illicit goods. Then there's this clarification in the section authorizing forfeiture:
Proof that a conveyance contains a hidden compartment as defined in this section shall be prima facie evidence that the conveyance was used intended for use in and for the business of unlawfully manufacturing, dispensing, or distributing controlled substances.
The bill defines a "hidden compartment" as any concealable storage space added to a vehicle after its purchase. The quoted section means that a defendant accused of violating this law is put in the position of having to prove a negative—that the compartment isn't intended to transport drugs.
Ohio has a similar law on the books already, and we saw the dangerous consequences in 2013. Norman Gurley was stopped by state troopers, who noticed some wires in the vehicle he was driving and discovered the car had a secret compartment. They found absolutely no drugs but arrested him anyway and charged him with violating Ohio's law against secret compartments.
Gurley's story quickly became national news, then faded as quickly as is it arrived. (Gurley's attorney, Myron Watson, did not return a call from Reason to find out what ultimately happened with the case. UPDATE: A reader directed me to the online case file and Gurley is set for a jury trial in December of this year, so it hasn't been resolved yet.) Now that his story is long forgotten, Massachusetts lawmakers are pushing their own version of a law that was criticized for violating due process, not to mention property rights. According to the State House News Service, Massachusetts state police officials are very much on board and are openly supporting the legislation.
Their support should come as no surprise, given that the law will allow police to keep any vehicle they seize. According to the property-rights-defending experts at the Institute for Justice, Massachusetts has the worst civil asset forfeiture laws in the country. Law enforcement officials need only reach the threshold of probable cause (the same threshold used to justify a search warrant) that somebody's property or money is connected to a crime in order to seize it. The state doesn't have to prove a citizen's guilt to keep the property; the citizen must prove his innocence to get it back. And under Massachusetts law, police get to keep 100 percent of what they seize, a huge financial incentive to claim that anyone they pull over and search is connected to the drug trade—at least if he has any possessions of value.
Police in Massachusetts already rake in millions of dollars a year from forfeitures. This bill would compound the problem. And it could send people to prison for drug crimes even if no one finds so much as a single joint or fentanyl tablet in their possession.
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