Commonwealth v. Pacheco
464 Mass. 768
| Mass. | 2013Background
- Trooper stopped a gray sedan parked after hours in Heritage State Park; five occupants inside; engine running, windows fogged, odor of freshly burnt marijuana detected.
- Occupants admitted smoking marijuana; trooper inferred social sharing of marijuana among occupants; one occupant said there was a small amount left.
- Trooper searched occupants for weapons; no weapons found; a rear-seat passenger disclosed a bag of marijuana on the floor behind the front passenger seat.
- Trooper illuminated the floor area and observed a clear plastic bag containing marijuana; upon closer look, it appeared to be a small amount.
- Trooper opened the trunk, found a black backpack, and recovered a semiautomatic handgun; defendant claimed ownership; he was arrested, Miranda warnings given, and he later made statements.
- Defendant moved to suppress the handgun, ammunition, and statements; the District Court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to search the trunk for contraband | Commonwealth: odor plus small amount supports probable cause | Duffly: not enough to show a criminal amount would be found | No probable cause; suppression granted on that basis |
| Authority to search for drug distribution evidence in the trunk | Commonwealth: sharing implies distribution under 94C | Duffly: social sharing is not distribution | Not established; no probable cause to search for distribution evidence |
| Fruit of the poisonous tree—statements obtained after an illegal search | Commonwealth: statements are independent of any illegality | Duffly: statements tainted by illegal trunk search | Statements suppressed as fruit of the illegal search |
Key Cases Cited
- Commonwealth v. Scott, 440 Mass. 642 (2004) (trial judge’s findings reviewed for ultimate conclusions of law)
- Commonwealth v. Jiminez, 438 Mass. 213 (2002) (accepts independent review of findings of fact and law)
- Commonwealth v. Isaiah I., 448 Mass. 334 (2007) (summarizes standard for suppression rulings)
- Commonwealth v. Keefner, 461 Mass. 507 (2012) (fruit of an illegal search includes statements)
- Commonwealth v. Cruz, 459 Mass. 459 (2011) (exit orders based on reasonable suspicion)