Commonwealth v. Gouse
461 Mass. 787
| Mass. | 2012Background
- Defendant attacked his former girlfriend on January 19, 2008 and was observed pursuing and striking her; a firearm was later found in the trunk of the car he was driving.
- Police curbside investigation led to impounding the blue Saturn; three occupants were detained and frisked with no weapons found.
- On suppression, the motion judge denied suppression of the firearm, and the automobile exception applied to search the vehicle.
- Convictions entered: assault and battery (fists), assault and battery with a dangerous weapon (shod foot), unlawful possession of a firearm outside residence or business; later, unlawful possession with a prior violent crime (subsequent offender).
- On appeal, defendant challenges suppression, possession theory, admissibility of a photograph, jury instructions, and licensing/burden issues under §7; court affirms all verdicts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| suppression of firearm | Commonwealth relied on probable cause under automobile exception | No probable cause or grounds for inventory/search | suppress denied; automobile exception valid |
| possession sufficiency | Evidence showed defendant knew bag contained firearm | Insufficient link to bag and control | sufficient evidence for possession |
| photograph admissibility | Photograph properly illustrated injuries | Prejudicial and cumulative | admission within trial court’s discretion |
| jury instruction distinction | Two charges rest on separate acts | Instructions inadequate to distinguish acts | instructions sufficient to avoid duplicative convictions |
| §7 burden and licensing | Burden to prove licensure should be on Commonwealth | License evidence is an affirmative defense | deployment of §7 does not violate due process or Second Amendment |
Key Cases Cited
- Commonwealth v. Bostock, 450 Mass. 616 (Mass. 2008) (automobile exception and probable cause for vehicle search)
- Commonwealth v. Cast, 407 Mass. 891 (Mass. 1990) (probable cause extends to containers within vehicle)
- Commonwealth v. Upton, 394 Mass. 363 (Mass. 1985) (reliability of informants; corroboration can be sufficient)
- Commonwealth v. Gonzalez, 452 Mass. 142 (Mass. 2008) (sufficiency of circumstantial evidence in possession cases)
- Commonwealth v. Brzezinski, 405 Mass. 401 (Mass. 1989) (defining possession—knowledge and control)
- Commonwealth v. Couture, 407 Mass. 178 (Mass. 1990) (license burden and § 7 affirmative defense)