43 N.E.3d 294
Mass.2016Background
- Lawrence Moore was on parole (transferred from NH to MA) with written conditions allowing parole officer visits and searches and supervising for drugs.
- Parole officer Jackson received an anonymous tip Moore was dealing drugs; GPS data showed brief trips to Boston and short stops in New Bedford consistent with deliveries.
- Police stopped Moore’s vehicle on November 16, 2012; officers smelled marijuana, observed a marijuana cigarette, and Sequeira produced two bags of cocaine during the stop.
- Jackson, without a warrant, searched Moore’s apartment and seized seventeen small bags of crack, a digital scale, and a gun lock; Moore was indicted for possession with intent to distribute.
- The motion judge suppressed the apartment evidence under art. 14 (Mass. Declaration of Rights) but found no Fourth Amendment violation; the Commonwealth appealed directly to the SJC.
- The SJC majority held art. 14 permits warrantless parolee-home searches based on reasonable suspicion and vacated the suppression because Jackson had reasonable suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether art. 14 requires a warrant or traditional exception for parolee-home searches | Commonwealth: parolees have diminished privacy; warrant not required when supervising parolees | Moore: art. 14 should align with probation standard (LaFrance) requiring warrant plus reasonable suspicion | Held: Warrant not required for parolee-home searches under art. 14; reasonable suspicion suffices |
| Proper suspicion standard to justify warrantless search of parolee’s home | Commonwealth: individualized reasonable suspicion adequate (Terry standard) | Moore: higher protection like probationers; warrant should be required | Held: Use reasonable suspicion (Terry) given parolees’ greater supervisory vulnerability and diminished privacy |
| Whether facts here met reasonable suspicion to search Moore’s home | Commonwealth: anonymous tip corroborated by GPS movements, recent Boston stops, nervous behavior, marijuana, and cocaine found on companion established reasonable suspicion of home nexus | Moore: facts insufficient to establish nexus to home; tip lacked details tying activity to residence | Held: Majority — facts collectively provided reasonable suspicion that evidence would be at the home; suppression vacated; Dissent — disagreed, would find nexus lacking |
Key Cases Cited
- Commonwealth v. LaFrance, 402 Mass. 789 (1988) (art. 14 requires reasonable suspicion for probationer searches and traditionally required a warrant to search a probationer’s home)
- Samson v. California, 547 U.S. 843 (2006) (under the Fourth Amendment parolees have very limited privacy and may be subject to suspicionless searches)
- United States v. Knights, 534 U.S. 112 (2001) (probationer searches based on reasonable suspicion upheld under diminished privacy interests)
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion standard for investigative stops and frisks)
- Commonwealth v. Pina, 453 Mass. 438 (2009) (evidence a person committed a crime does not automatically establish probable cause to search the person’s residence)
- Commonwealth v. O’Day, 440 Mass. 296 (2003) (probable cause requires facts showing items sought may reasonably be expected at the place to be searched)