Commonwealth v. Crowley-Chester
SJC 12128
| Mass. | Mar 9, 2017Background
- Around 3:00 A.M., Springfield officers found a legally parked Honda with engine running and two occupants; officers observed furtive movements and a knife in the center console. The defendant was the front-seat passenger.
- The driver exited and a white rock-like object fell out; officers recognized it as crack cocaine and arrested the driver.
- The defendant was ordered out; officers retrieved and secured the Swiss Army knife before deciding to impound the vehicle because the defendant lacked a driver’s license.
- During the attendant inventory search of the impounded vehicle, officers found a backpack bearing the defendant’s name that contained a loaded firearm and a pay stub with the defendant’s name.
- The defendant moved to suppress the firearm; the District Court judge allowed the motion, the Appeals Court reversed, and the Supreme Judicial Court granted further review. The SJC affirmed the suppression order.
Issues
| Issue | Commonwealth's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether impoundment (seizure) of a legally parked vehicle was reasonably necessary to safeguard the vehicle or protect the public, thereby justifying an inventory search that uncovered a firearm | Impoundment was reasonable because it was 3 A.M. in a "high crime" area, creating risk of vehicle theft/vandalism (and public safety concerns generally) | Impoundment was not reasonably necessary—vehicle was legally parked in a residential area, not subject to imminent risk of theft or vandalism; officers had secured the only weapon found before impoundment | SJC held impoundment was not reasonably necessary under the totality of the circumstances; suppression affirmed |
Key Cases Cited
- Commonwealth v. Oliveira, 474 Mass. 10 (2016) (impoundment must be "reasonably necessary" under totality of circumstances)
- Commonwealth v. Eddington, 459 Mass. 102 (2011) (police need more than a vehicle stop in a "high crime" area to justify impoundment)
- Commonwealth v. Ellerbe, 430 Mass. 769 (2000) (location and ownership context can justify impoundment to relieve private burdens)
- Commonwealth v. Crowley-Chester, 86 Mass. App. Ct. 804 (2015) (Appeals Court decision reversing trial judge on suppression; reconsidered on further review)
- Commonwealth v. Jones-Pannell, 472 Mass. 429 (2015) (appellate fact-finding standards referenced)
- Commonwealth v. Douglas, 472 Mass. 439 (2015) (appellate fact-finding standards referenced)