Commonwealth v. Lopez
458 Mass. 383
Mass.2010Background
- Officers Desimone and partner responded to a needle-pickup request at Ocean Lodge motel on Revere Beach.
- Victor, the motel manager, indicated room 138 was his; Desimone believed Victor lived there based on past interactions.
- Desimone entered room 138 with a unknown woman who opened the door and consented to entry.
- Inside, Desimone observed four men including Lopez with marijuana and recovered a loaded revolver from a trash barrel.
- Lopez acknowledged not having a firearm license; all occupants were arrested.
- District Court suppressed the firearm and marijuana; the Appeals Court reversed; the Supreme Judicial Court granted further review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Desimone's entry into room 138 was a constitutional search | Lopez | Lopez | Yes, entry was a search under art. 14 and the Fourth Amendment |
| Whether the entry was justified by consent based on apparent authority | Commonwealth | Lopez | No, consent lacked apparent authority under art. 14 |
| Whether diligent inquiry was required to establish authority to consent | Commonwealth | Lopez | Yes, need diligent inquiry under art. 14 |
Key Cases Cited
- Illinois v. Rodriguez, 497 U.S. 177 (1990) (apparent authority standard; objective assessment of consent)
- United States v. Matlock, 415 U.S. 164 (1974) (common authority and consent to search)
- Commonwealth v. Rogers, 444 Mass. 234 (2005) (consent to enter must be voluntary; authority to admit)
- Commonwealth v. Porter P., 456 Mass. 254 (2010) (apparent authority doctrine for art. 14; diligent inquiry required when authority is uncertain)
- Payton v. New York, 445 U.S. 573 (1980) (home entry protected; threshold of entry is critical)
- Stoner v. California, 376 U.S. 483 (1964) (privacy in hotel/motel room)