944 N.E.2d 595
Mass. App. Ct.2011Background
- Investigators relied on an informant to identify Posey’s intent to travel to New York City to buy cocaine; the defendant was later identified as a passenger in Posey’s car.
- On March 6, 2009, Posey’s car, with Griffin as the front passenger, was observed heading toward New York City; the car’s direction corroborated by NY State police.
- The police stopped Posey and Griffin; both were pat-searched, handcuffed, and Mirandized; no drugs or weapons were found at that time.
- Investigators informed Griffin that there was probable cause to believe cocaine was in the vehicle and that Griffin and Posey would be transported to the police station for a strip search; Griffin was not under arrest at that moment.
- The Superior Court suppressed the evidence, ruling Griffin’s detention exceeded an investigatory stop and converted to an arrest without probable cause; the Commonwealth appealed.
- The issue presented concerns whether there was probable cause to arrest Griffin and, if not, whether the subsequent strip search and searches were lawful.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to arrest Griffin? | Commonwealth contends CG had probable cause due to association with Posey and drug-trafficking context. | Griffin was merely a passenger with no independent basis for arrest. | No; lack of probable cause to arrest Griffin; suppression affirmed. |
| Was it permissible to transport Griffin for a strip search after a stop? | Probable cause to arrest Posey extended to Griffin’s detention and search. | Threshold inquiry failed to justify continued detainment of Griffin after initial findings. | Detention converted to arrest without probable cause; strip search was unwarranted. |
Key Cases Cited
- Commonwealth v. Williams, 422 Mass. 111 (1996) (probable cause standards for arrest in Massachusetts)
- Wyoming v. Houghton, 526 U.S. 295 (1999) (limits on search of passenger’s belongings within a vehicle)
- Commonwealth v. Sampson, 20 Mass. App. Ct. 970 (1985) (proximity to suspects does not by itself create probable cause to search a person)
- Di Re v. United States, 332 U.S. 581 (1948) (indicates that inferences about accomplice status must be grounded by government informant’s identifications)
- Wong Sun v. United States, 371 U.S. 471 (1963) (fruit of the poisonous tree concept applying to unlawful detentions and searches)
- Commonwealth v. Correia, 66 Mass. App. Ct. 174 (2006) (exit orders and searches related to odor or searches in a car)
- Commonwealth v. Torres, 424 Mass. 153 (1997) (limitations on extending detention after safety concerns are resolved)
- Wing Ng, 420 Mass. 236 (1995) (no automatic right to pat down companion solely for being with a lawfully arrested person)
- Commonwealth v. Bettencourt, 447 Mass. 631 (2006) (arguments not raised at trial cannot be considered on appeal)