Commonwealth v. Nickerson
79 Mass. App. Ct. 642
Mass. App. Ct.2011Background
- Midnight July 26, 2006: robbery at 75 Roberts Street; victim Mary O'Toole reports purse stolen with cell phone and other items.
- Sergeant Kelly, aware of recent burglaries, observes the defendant emerge from a side yard carrying a flashlight and a beer and attempt to evade him.
- Kelly stops the defendant, conducts a patfrisk that reveals a cellphone, cash, and vodka; defendant identifies himself as a known name linked to burglaries.
- A second officer arrives; defendant is questioned, acknowledged needing to call his girlfriend, and ownership of the seized cell phone is questioned.
- A wallet search uncovers a receipt in the name of Maureen Cloonan; officers take the defendant into protective custody under G. L. c. 111B, § 8; later, jewelry and the cell phone are found to be stolen items.
- Investigation at the station confirms the jewelry and cell phone were stolen, and that the residence on the receipt was burglarized.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial stop was supported by reasonable suspicion | Nickerson; stop justified by burglary link | Nickerson; stop invalid without probable cause | Stop supported by reasonable suspicion |
| Whether the patfrisk was justified | Patfrisk valid given burglary context | Patfrisk unjustified | Patfrisk was permissible under the circumstances |
| Whether consent to a second search was valid after tainted stop | Fruit of tainted stop; consent invalid | Consent valid, attenuation possible | Consent search admissible as purge of taint |
| Whether protective custody under G. L. c. 111B § 8 was unlawful | Custody supported by reasonable suspicion of incapacitation | Custody unlawful, Fourth Amendment violation | Custody unlawful; suppression of resulting evidence considered in harmless error analysis |
| Harmless error analysis for admission of tainted evidence | Error could affect verdict | Other probative evidence suffices | Admission harmless beyond a reasonable doubt given strong untainted evidence |
Key Cases Cited
- Commonwealth v. Isaiah I., 450 Mass. 818 (Mass. 2008) (standard for reviewing suppression rulings; factual findings reviewed for clear error; legal standards de novo)
- Commonwealth v. Frodyma, 393 Mass. 438 (Mass. 1984) (taint analysis: attenuation from tainted initial illegality to later searches)
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975) (exclusionary rule: evidence obtained by exploitation of unlawful conduct must be suppressed)
- Nix v. Williams, 467 U.S. 431 (U.S. 1984) (need for independent source to purge taint)
- Commonwealth v. Tyree, 455 Mass. 676 (Mass. 2010) (harmless error standard for taint; ratio of tainted evidence to guilt)