Commonwealth v. Johnson
461 Mass. 44
| Mass. | 2011Background
- Defendant Chevall Johnson was indicted on multiple firearm, ammunition, drug, resisting arrest, and driving offenses in 2007.
- A suppression motion sought to exclude firearms, ammunition, and marijuana seized from Johnson's SUV on Fourth Amendment grounds.
- Police stopped Johnson after he allegedly ran a red light; he provided false identity and had a suspended license; a cognac bottle was observed on the dashboard.
- Officers recovered a loaded revolver from the SUV’s driver’s-side map pocket, and marijuana and a cognac bottle were found in the vehicle.
- The suppression judge denied suppression; at trial Johnson was convicted of several counts, including unlawful possession of a firearm and ammunition, and resisting arrest.
- A separate bench trial led to a conviction for armed career criminal; the convictions on ammunition and loaded firearm were challenged as duplicative and the Second Amendment issue was raised.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless SUV search was lawful | Johnson contends search exceeded permissible scope | Johnson argues lack of valid exception to warrant | Search upheld under automobile exception with probable cause |
| Are the ammunition and loaded firearm convictions duplicative | Consequence of charging both offenses for same ammunition | No double jeopardy due to separate elements | Convictions duplicative; ammunition conviction vacated |
| Does Massachusetts licensing scheme violate the Second Amendment post McDonald/Heller | Licensing infringes Second Amendment rights to keep and bear arms | Licensing schemes may regulate possession without constitutional violation | Licensing scheme constitutional; McDonald application discussed; no relief on convictions |
Key Cases Cited
- Commonwealth v. Antobenedetto, 366 Mass. 49 (Mass. 1974) (probable cause for automobile searches; automobile exception scope)
- Commonwealth v. Motta, 424 Mass. 117 (Mass. 1997) (probable cause to search a stopped automobile)
- Commonwealth v. Wunder, 407 Mass. 909 (Mass. 1990) (probable cause to search for drugs in a vehicle)
- Commonwealth v. Balicki, 436 Mass. 1 (Mass. 2002) (inadvertence requirement for plain view seizure under art. 14)
- Commonwealth v. D’Amour, 428 Mass. 725 (Mass. 1999) (nexus of contraband to criminal activity is obvious)
- Commonwealth v. Valliere, 437 Mass. 366 (Mass. 2002) (elements-based approach to duplicative convictions)
- Commonwealth v. Constantino, 443 Mass. 521 (Mass. 2005) (double jeopardy and lesser included offenses)
- Commonwealth v. Powell, 459 Mass. 572 (Mass. 2011) (burden of proof and licensure under G.L. c. 278, § 7)
- Heller v. District of Columbia, 554 U.S. 570 (U.S. Supreme Court, 2008) (strong Second Amendment right to keep and bear arms with permissible regulation)
- McDonald v. Chicago, 130 S. Ct. 3020 (U.S. Supreme Court, 2010) (Second Amendment incorporated against states via Fourteenth Amendment)
- Loadholt, 460 Mass. 723 (Mass. Supreme Judicial Court, 2011) (licensing statute alone does not render licensing unconstitutional on its face)