Commonwealth v. Chown
459 Mass. 756
| Mass. | 2011Background
- Chown was stopped for speeding by a Massachusetts police sergeant and arrested for operating a motor vehicle without a Massachusetts license.
- During an inventory search of the damaged truck, police recovered drugs, cash, and other items, leading to trafficking and possession charges.
- The suppression motion argued the arrest and subsequent search were unlawful because Chown held a valid Canadian license and did not need a MA license at the time.
- The trial court granted suppression; a single justice allowed interlocutory appeal; the Appeals Court reversed; this Court granted further appellate review.
- The central issue is whether the sergeant had probable cause to arrest for MA license noncompliance under G.L. c. 90, § 10 and related residency determinations under § 3 and § 3½.
- The Court held that the officer did not have probable cause to arrest for MA license violation because residency factors under § 3½ were not established in the field and no definite residency determination existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was probable cause to arrest for a MA license violation | Chown’s Canadian license validity precluded MA residency assumption | Sergeant could arrest based on suspected MA residency and license status | No probable cause to arrest |
| Whether residency determinations under G.L. c. 90, § 3½ can be made in the field | Residency could be inferred from MA ties without § 3½ factors | § 3½ factors are determinative and require investigation | § 3½ requires determinative factors; not established here |
| Whether an arrest for license violation can be supported by nonresidency license provisions when a nonresident presents a foreign license | Nonresident license may permit operation with appropriate conditions | Nonresident status without § 3½ facts does not support arrest | Arrest not supported; inventory evidence excluded |
| Whether inventory-search evidence is admissible if the arrest was unlawful | If arrest unlawful, inventory evidence should be suppressed | Independent line of investigation supports seizure | Suppression affirmed; evidence excluded |
Key Cases Cited
- Commonwealth v. Santaliz, 413 Mass. 238 (1992) (probable cause requires definite and substantial information)
- Commonwealth v. Storey, 378 Mass. 312 (1979) (probable cause standard for warrantless arrests)
- Commonwealth v. Franco, 419 Mass. 635 (1995) (objective test for probable cause)
- Commonwealth v. Bacon, 381 Mass. 642 (1980) (valid traffic stop supports further detention)
- VanDresser v. Firlings, 305 Mass. 51 (1940) (temporal limitations for nonresident operation)
- Apger v. New York Cent. R.R., 310 Mass. 495 (1941) (public policy rationale for nonresident operation limits)
- Commonwealth v. Caceres, 413 Mass. 749 (1992) (inventory search context not controlling where stop/arrest challenged)
- Commonwealth v. Garcia, 443 Mass. 824 (2005) (context for reviewing suppression rulings)