Commonwealth v. Lahey
80 Mass. App. Ct. 606
| Mass. App. Ct. | 2011Background
- Defendant, with prior OUI convictions, was convicted of seventh-offense OUI, operating to endanger, and operating after revocation after a bifurcated trial.
- Norton officer pursued the defendant into Attleboro in a no-passing zone after a dangerous head-on-avoidance incident.
- Officers from Attleboro subsequently investigated the stop and collected incriminating evidence.
- The initial suppression motion attacked extraterritorial stop as unauthorized, but the judge ruled inevitable discovery justified admission.
- Eight months later, defense moved to renew based on turret-tape audio, which was denied as untimely; the tape was produced before trial.
- Court affirmed the suppression ruling and denied renewal, holding inevitable discovery justified the stop and no abuse of discretion in denying renewal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether inevitable discovery applies to extraterritorial stops | Sikora argues inevitability cannot apply extraterritorially | Sikora contends no lawful inevitability to Attleboro arrival | Yes; inevitable discovery applies to unlawful extraterritorial stops under art. 14 |
| Whether the renewal motion was properly denied | Defendant asserts new turret tape grounds warrant renewal | Commonwealth argues late renewal abusive and untimely | No abuse of discretion; renewal denied |
Key Cases Cited
- Commonwealth v. LeBlanc, 407 Mass. 70 (1990) (extraterritorial stops require statutory or common-law authority; can be suppressed otherwise)
- Commonwealth v. Hernandez, 456 Mass. 528 (2010) (statutory/extraterritorial authority limits; suppression remedy for violations)
- Commonwealth v. O’Connor, 406 Mass. 112 (1989) (inevitable discovery standard; constitutional influence on art. 14)
- Commonwealth v. Sbordone, 424 Mass. 802 (1997) (inevitable discovery; good-faith acceleration factors)
- Commonwealth v. Ilges, 64 Mass. App. Ct. 503 (2005) (Mass. App. Ct. credibility on inevitability; standard applies)
- Commonwealth v. Grise, 398 Mass. 247 (1986) (exclusion for unlawful extraterritorial action; statutory authority required)
- Commonwealth v. Morrissey, 422 Mass. 1 (1996) (extraterritorial pursuit; emergency/assistance context)