Commonwealth v. Jones-Pannell
10 N.E.3d 639
Mass. App. Ct.2014Background
- Two Boston police officers attempted to stop and question Olajuwan Jones-Pannell around 12:30–1:00 a.m. on Norfolk Avenue; Jones-Pannell fled and was pursued on foot.
- During the pursuit, a handgun with seven rounds fell from Jones-Pannell's pants; he was arrested after a pat-down and Miranda rights were administered.
- Charges were brought for carrying a loaded firearm without a license, carrying a firearm without a license, possession of ammunition without an ID card, and resisting arrest.
- Jones-Pannell moved to suppress all evidence from the encounter; the suppression judge granted the motion and issued a decision memo.
- The Commonwealth obtained leave to appeal; the Supreme Judicial Court granted interlocutory review and reversed the suppression order.
- Key testimony was from Officer Luis Anjos, who testified about the defendant’s flight, hand placement, and his training in recognizing concealed firearms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | Jones-Pannell | Jones-Pannell | Stop supported by reasonable suspicion; suppression reversed |
| Whether the neighborhood history can contribute to reasonable suspicion | State | Jones-Pannell | Neighborhood history may be a factor among several |
| Adequacy of suppression hearing findings under Isaiah I | State | Jones-Pannell | Prefatory ‘only findings’ approach rejected; require explicit credibility and complete findings |
| What constitutes the moment of the Terry stop and the proper standard of review | State | Jones-Pannell | Moment occurred when officer called ‘Wait a minute’; appellate review uses standard of review for subsidiary findings |
Key Cases Cited
- Commonwealth v. DePeiza, 449 Mass. 367 (Mass. 2007) (late hour, high crime area, head movement, evasive posture, training in concealed firearms)
- Commonwealth v. Fisher, 54 Mass. App. Ct. 41 (Mass. App. Ct. 2002) (late-night street encounter, area of firearms violations, walking evasion)
- Commonwealth v. Johnson, 454 Mass. 159 (Mass. 2009) (high crime area history may qualify as a criterion among several for stop)
- Commonwealth v. Fraser, 410 Mass. 541 (Mass. 1991) (aggregation of seemingly innocent activities can create reasonable suspicion)
- Commonwealth v. Sykes, 449 Mass. 308 (Mass. 2007) (one of several precedents relied on by Commonwealth on suppression issues)
- Commonwealth v. Isaiah I., 448 Mass. 334 (Mass. 2007) (remand for further findings; context for sufficiency of suppression record)
- Commonwealth v. Stoute, 422 Mass. 782 (Mass. 1996) (definition of when a person no longer feels free to leave during police encounter)
- Commonwealth v. Fisher, 54 Mass. App. Ct. 41 (Mass. App. Ct. 2002) (reiterated considerations of late hour and high crime area in firearm stops)