951 N.E.2d 952
Mass. App. Ct.2011Background
- Lima was convicted by a Superior Court jury of drug, firearm, and ammunition offenses; appeal concerns suppression of evidence from 191 Belmont Street.
- Two search warrants were executed: one for 29 Goddard Road (stash house) and one for Lima’s residence at 191 Belmont Street.
- Affidavit-based probable cause linked a cocaine distribution operation to Lima via informants, surveillance, controlled buys, and corroboration.
- Affidavit showed cocaine at 29 Goddard Road but failed to establish cocaine at 191 Belmont Street.
- The affidavit, however, contained indirect evidence suggesting proceeds and records related to the drug operation would be found at 191 Belmont Street.
- Guns and ammunition were found at 191 Belmont Street during a search conducted under the proceeds/records scope.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for cocaine at 191 Belmont? | Lima; lack of specific nexus to cocaine at residence. | Lima; insufficient facts linking residence to cocaine possession. | Probable cause for cocaine at 191 Belmont not established. |
| Probable cause for proceeds/records at 191 Belmont? | Commonwealth; indirect evidence and expert inference supported nexus. | Lima; insufficient direct linkage to proceeds/records at Belmont. | Probable cause to search for proceeds and records at Belmont established. |
| Plain view/scope of search for drugs vs. proceeds/records? | Evidence seized during proceeds/records search may include drugs in plain view. | Drugs cannot be seized under a search for proceeds/records if not within scope. | Drugs in plain view may be admitted if within scope of valid proceeds/records search; remand for plain-view issue. |
| Constitutional admissibility of ballistics and drug certificates | Certificates violating confrontation clause should be excluded. | Cross-examination not necessary per precedent. | Admissibility not harmless beyond a reasonable doubt; remand for new trial on drug and firearm convictions. |
| Ammunition convictions | Ballistics certificate supported ammunition convictions. | Cross-examination issue undermines reliability. | Amendments upheld; ammunition convictions affirmed as harmless. |
Key Cases Cited
- Commonwealth v. O’Day, 440 Mass. 296 (2003) (probable cause focus on four corners of affidavit)
- Commonwealth v. Santiago, 66 Mass. App. Ct. 515 (2006) (specialized knowledge plus indirect evidence supports nexus)
- Commonwealth v. Pina, 453 Mass. 438 (2009) (timely nexus to illicit activity required for search)
- Commonwealth v. Turner, 71 Mass. App. Ct. 665 (2008) (proceeds searches; timely nexus)
- Commonwealth v. Luthy, 69 Mass. App. Ct. 102 (2007) (records/proceeds inference from drug operation)
- Commonwealth v. Rodriguez, 75 Mass. App. Ct. 290 (2009) (supports inference of records/proceeds at residence)
- Commonwealth v. Montanez, 410 Mass. 290 (1991) (basis of knowledge for informants; Aguilar-Spinelli standard)
- Melendez-Diaz v. Massachusetts, 557 U.S. 2517 (2010) (confrontation clause and certificates)
- Commonwealth v. Vasquez, 456 Mass. 350 (2010) (confrontation considerations in evidence)
- Commonwealth v. Lett, 393 Mass. 141 (1984) (plain view doctrine within scope of search)