Commonwealth v. Daniel
464 Mass. 746
| Mass. | 2013Background
- Defendants Daniel and Tayetto were stopped in Dorchester after a nonfunctioning headlight and abrupt turn; odor of burnt marijuana was detected and Tayetto produced two small bags of marijuana.
- Officer searched glove box and recovered a handgun; defendants were charged with multiple firearms offenses.
- Motions to suppress the vehicle evidence were granted in trial court; interlocutory appeal allowed; Appeals Court reversed and suppression order was affirmed, leading to further appeal.
- Prosecutor argued automobile exception and officer safety; did not argue impairment of Tayetto or that she was under the influence at stop.
- Judge found the officer acted on a hunch; supplemental findings indicated the search was not supported by reasonable suspicion or articulable facts.
- On appeal, Commonwealth challenged the suppression ruling on multiple grounds, including new theories not raised below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to search for contraband after marijuana decriminalization | Daniel: officer had probable cause to search for contraband based on marijuana odor and bags seized. | Daniel: decriminalization means no criminal amount, no probable cause from odor alone. | Not justified; suppression affirmed |
| Officer safety justifies search of vehicle/interior when no probable cause exist | Daniel: exit orders and limited searches were proper to ensure safety. | Daniel: safety justification not proportionate to suspicion; searching glove box excessive. | Not justified; suppression affirmed |
| Whether new impairment/under influence theory could support warrantless search | Commonwealth: probable cause Tayetto operated under influence could justify search. | Daniel: theory raised for first time on appeal; insufficient factual basis below. | Not considered/unsupported; suppression affirmed |
Key Cases Cited
- Commonwealth v. Cruz, 459 Mass. 459 (Mass. (2011)) (smell of burnt marijuana alone not probable cause post-decriminalization)
- Commonwealth v. Motta, 424 Mass. 117 (Mass. (1997)) (automobile exception requires probable cause to believe contraband in car)
- Commonwealth v. Silva, 366 Mass. 402 (Mass. (1974)) (reasonableness of safety search; scope must be limited to disarmament)
- Commonwealth v. Almeida, 373 Mass. 266 (Mass. (1977)) (vehicle safety search principles; exit orders and scope limitations)
- Commonwealth v. Santaliz, 413 Mass. 238 (Mass. (1992)) (impaired driving standards; diminished capacity to operate safely)
- Commonwealth v. Connolly, 394 Mass. 169 (Mass. (1985)) (definition of being under the influence and diminished capacity)
- Commonwealth v. Torres, 433 Mass. 669 (Mass. (2001)) (observed dangerous behavior can support heightened suspicion of danger)
- Commonwealth v. Keefner, 461 Mass. 507 (Mass. (2012)) (no warrantless search based on marijuana usage without indication of distribution)
- Commonwealth v. Bettencourt, 447 Mass. 631 (Mass. (2006)) (rejecting new arguments raised on appeal absent below)
- Commonwealth v. Va Meng Joe, 425 Mass. 99 (Mass. (1997)) (necessity of danger basis for searches; officer danger indicators)