Commonwealth v. Haynes
983 N.E.2d 731
Mass. App. Ct.2013Background
- Defendant charged with carrying a firearm (subsequent offense), unlawful ammunition possession, unlawful loaded firearm possession, and firearm with a defaced serial number.
- Motion to suppress was granted, and Commonwealth appealed interlocutorily; the appellate court reversed the suppression order.
- Arrest occurred November 8, 2009, in Dorchester, Boston, after a nighttime stop for traffic violations.
- Officers ordered the defendant out of the vehicle due to safety concerns arising from the defendant’s actions near the glove box and floor area.
- A panel around the radio console was found slightly ajar; the officer used training to suspect a hidden weapon and removed the panel, revealing a handgun.
- The trial judge suppressed the panel-area search as exceeding reasonable Terry limits; Commonwealth appeals that ruling, and the court reverses on the motion to suppress.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exit and vehicle-protective search were permissible | Commonwealth: safety concerns justified exit and interior search | Defendant: no reasonable suspicion; search exceeded Terry | Yes; exit and interior search upheld as permissible under Terry-governed rationale. |
| Whether the radios-panel search was within permissible scope of a protective vehicle search | Commonwealth: panel removal was within protective search to ensure safety | Defendant: removal exceeded Terry limits and allowed access to weapon | Yes; the panel search fell within permissible protective search under the circumstances. |
| Whether the appealable suppression ruling was correct to reverse | Commonwealth: suppression was incorrectly granted | defendant: suppression was proper | Order reversing the suppression was affirmed. |
Key Cases Cited
- Commonwealth v. Goewey, 452 Mass. 399 (2008) (exit orders justified by safety concerns in traffic stops)
- Commonwealth v. Gonsalves, 429 Mass. 658 (1999) (safety-based exit and searches in vehicle contexts)
- Commonwealth v. Stampley, 437 Mass. 323 (2002) (basis for exit order during vehicle stop)
- Commonwealth v. Pena, 69 Mass. App. Ct. 713 (2007) (rear-seat/other vehicle areas search under Terry)
- Commonwealth v. Graham, 78 Mass. App. Ct. 127 (2010) (Terry-type search of vehicle interior)
- Commonwealth v. Santiago, 53 Mass. App. Ct. 567 (2002) (detentions and searches surrounding vehicle stops)
- Stampley v. Commonwealth, 437 Mass. 323 (2002) (exit order and safety-based searches)