Commonwealth v. Crapps
84 Mass. App. Ct. 442
| Mass. App. Ct. | 2013Background
- In July 2009, Springfield police surveilled the defendant driving a white Lexus SUV registered to Matrisa Collins, with whom he shared an address.
- The SUV was stopped and searched; officers found a white tube sock in the center console containing 36 packets of crack cocaine, a larger chunk of crack, $585 in cash on the defendant, and other personal items.
- A chemist testified the substances were crack cocaine and described a method of extrapolated weight based on four randomly chosen packets (about 10% of the total) weighted by a computer program.
- The program generated an aggregate weight of 14.29 grams for the 36 packets, which, combined with the larger chunk of 17.58 grams, yielded a total weight of 31.87 grams.
- The defendant was the driver and sole occupant; he lived with the vehicle’s registered owner and had exclusive, continuous control of the SUV during the relevant period.
- The trial judge convicted the defendant of trafficking in 28–100 grams of crack cocaine, and he was also charged with possession with intent to distribute and habitual offender status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive possession sufficiency | Romero-based evidence supports knowledge and control. | Mere presence insufficient; extrapolation not properly proven. | Evidence supports knowledge, control, and intent; constructive possession affirmed. |
| Weight by extrapolation sufficiency | Extrapolation valid to reach weight threshold. | Statistical extrapolation unreliable and improperly admitted. | Latimore standard satisfied; extrapolated weight adequate to prove threshold. |
Key Cases Cited
- Commonwealth v. Latimore, 378 Mass. 671 (Mass. 1979) (review of sufficiency by rational trier of fact)
- Commonwealth v. Jackson, 443 U.S. 307 (1981) (standard for reasonable doubt)
- Commonwealth v. Brzezinski, 405 Mass. 401 (1989) (elements of constructive possession)
- Commonwealth v. Boria, 440 Mass. 416 (2003) (constructive possession framework)
- Commonwealth v. Gonzalez, 452 Mass. 142 (2008) (knowledge, control, and intent required)
- Commonwealth v. Romero, 464 Mass. 648 (2013) (additional incriminating evidence to tip sufficiency)
- Commonwealth v. Connolly, 454 Mass. 808 (2009) (extrapolation and weighing large quantities)
- Commonwealth v. Shea, 28 Mass. App. Ct. 28 (1989) (representative testing acceptance)
- Commonwealth v. Coplin, 34 Mass. App. Ct. 478 (1993) (random sampling to infer weight)