Man arrested on weapons charges in Lynn

LYNN – A Canton man was allowed to remain free on $2,000 cash bail he had already posted after State Police pulled him over and found a stolen gun in his car.Daniel Delgado, 23, of 2222 Washington St., Canton, pleaded not guilty Tuesday afternoon in Lynn District Court to receiving stolen property +$250; possession of a firearm without a license; possession of ammunition without a firearms identification card; and a marked-lanes violation.Massachusetts State Police Trooper James Farrell reported being on Western Avenue Monday evening when a man drove by who seemed to be looking at his phone. The trooper pulled the vehicle over after allegedly seeing it drift into the breakdown lane then back over the center line. Police also noted Delgado had not pulled over fully into the breakdown lane.As Delgado gave the trooper his license and registration, the trooper reported the defendant’s hand was trembling and he was sweating. Delgado denied drinking, police reported.A check on Delgado’s license revealed three incidents involving dangerous weapons, police reported, and Farrell reported calling for backup.Troopers asked Delgado to get out of the car so they could “check for signs of impairment,” frisked him, and asked if he had any weapons on him or any weapons or illegal items in the vehicle, according to court documents.Delgado denied having any weapons or illegal items and said troopers could search the car “if it speeds up the process,” Farrell wrote.Farrell reported finding an unloaded Rossi 38-caliber gun and ammunition inside a bag in the glove compartment. The gun’s serial number revealed it was stolen from Alexander City, Ala., police reported.Essex Assistant District Attorney Andrew Boyd requested Delgado be held on $8,000 cash bail in addition to the $2,000 Delgado posted to be released from custody the prior evening.Boyd said Delgado had served time for violating probation for an assault with a knife, and said the Commonwealth had a strong case because Delgado had agreed to the search.Defense Attorney Deborah McWade disagreed.”On at least three to four Constitutional grounds, there is absolutely no reason this trooper needs to be in this car,” McWade said.She noted that Delgado had provided a valid license and registration when asked. But she noted that rather than giving the defendant a warning or writing a ticket, the trooper ordered Delgado from the car on a suspicion of alcohol – despite noting no smell of booze. She noted the trooper also didn’t report the results of the first, and only, alcohol-impairment test given.”Consent is not a term to be bandied about, it’s an art, this will all go to a motion to suppress hearing,” McWade said.More importantly, however, she noted that bail was to ensure an appearance in court. Delgado had been in court all day, even returning after lunch when he knew prosecutors wanted to raise his bail, McWade argued.”If he was a flight risk, he would have jetted,” she said.Judge James LaMothe ordered no additional bail and ordered Delgado to return to court Dec. 12.