On April 10, 2024, I, Sgt. Tim Van Nostrand, was on duty and assigned to full uniform in marked cruiser 189.  At approximately 5:50pm, I observed MA XXXX operating eastbound on Broadway, a public way in the city of Somerville.  The window tint appeared to be darker than allowed by law.  I queried the license plate and learned the registered owner's, Nathan Brito, license was suspended due to non-payment of child support.  I activated my emergency equipment and stopped the vehicle on Broadway at the intersection of Glen St.

                I approached the vehicle, and could not see in through the rear windows due to the window tint.  I requested the operator lower the rear windows so I could observe any passengers inside the vehicle for officer safety reason.  In response to my request, the operator turned and stared at me.  I once again requested he lower the window due to my inability to see into his vehicle.  The operator lowered the window approximately 1 inch, and then rolled it immediately up.  I requested the window be lowered a third time and the operator told me to make my approach and I could look in the drivers window.  He then rolled the window down approximately 3 inches, enough so I could confirm there were no other occupants inside the vehicle, and then rolled it immediately back up.

                I requested the operators license and registration, to which he stated he did not have it.  I asked if he had anything with his name on it, to which he replied "you already ran my plate, so you have my name".  I attempted to explain the reason why I was asking these questions, but the operator continued to speak over me in a hostile manner.  I asked him if he was the registered owner, Nathan Brito, to which he stated yes.  I informed him that his license was suspended, and he stated he thought it was fixed.  I asked him if he had any paperwork from the registry showing his license was active, to which he stated no.

                I continued to attempt to have a conversation regarding the stop, however Brito continued to speak over me, and give me instruction on how to conduct a motor vehicle stop.  Officer Brian Pavao (East 3) arrived on scene, and I ordered Brito out of the vehicle.  Brito was placed under arrest for Operating after suspension of license (90/23), no registration in possession (90/11) and no license in possession (90/11).  Officer Mark Canty transported Brito in unit 200 to the station where he was booked by Lieutenant Sal Fusco.

                Brito has been cited 4 times in less than 10 years for operating after suspension.  I was unable to test the tint level of the vehicle.  Stephen's Tow responded and towed the vehicle to their lot.

Respectfully submitted,

Sgt. Tim Van Nostrand

#293

Somerville PD