Commonwealth v. Perez
80 Mass. App. Ct. 271
| Mass. App. Ct. | 2011Background
- Perez, Jr. was convicted in District Court of carrying a firearm without a license (G. L. ch. 269, § 10(a)).
- Prior to trial, Perez moved to suppress evidence from a traffic stop he alleges lacked reasonable suspicion.
- The stop occurred after two 911 calls and a dispatch leading police to a dark green/blue vehicle with plate 9122WY.
- A gun was found in the vehicle; Perez admitted it belonged to him and that he had no license to carry.
- At trial a ballistics certificate was admitted to prove operability of the firearm, which the defense did not object to at the time.
- The court remanded for a new trial on the § 10(a) charge due to erroneous admission of the ballistics certificate; the Second Amendment issue was also addressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable suspicion? | Perez argues lack of reasonable suspicion under Terry v. Ohio. | Commonwealth contends dispatch details and imminent threat justify the stop. | Stop supported; reasonable suspicion found. |
| Admissibility of the ballistics certificate under Melendez-Diaz | Certificate should be excluded as a non-testimonial document. | Admissible with proper foundation; error harmless beyond a reasonable doubt. | Admission of the certificate was prejudicial error; remand for new trial on § 10(a). |
| Second Amendment challenge to § 10(a) | statute violates the Second Amendment as applied outside the home. | Heller/McDonald protect home defense; defendant outside home not protected; licensing allowed. | No Second Amendment violation; conviction affirmed on this point, subject to remand for ballistics error. |
Key Cases Cited
- Florida v. J.L., 529 Mass. 266 (U.S. 2000) (reliability considerations for anonymous tips; veracity and basis of knowledge)
- Commonwealth v. Lopes, 455 Mass. 147 (2009) (particularity and reliability standards for dispatched information)
- Commonwealth v. Mubdi, 456 Mass. 385 (2010) (discusses reliability of anonymous callers and corroboration)
- Commonwealth v. Depina, 456 Mass. 238 (2010) (recognizes corroboration and credibility considerations in tips)
- Commonwealth v. Mendes, 75 Mass. App. Ct. 390 (2009) (harms assessment for erroneous ballistics certificate admission; need for independent guilt evidence)
- Commonwealth v. Ancrum, 65 Mass. App. Ct. 647 (2006) (identifiability of caller affects reliability assessment)
- Commonwealth v. Doocey, 56 Mass. App. Ct. 550 (2002) (analytic factors in reasonable suspicion evaluation)
- Commonwealth v. Campbell, 69 Mass. App. Ct. 212 (2007) (imminent threat as factor in reasonable suspicion calculus)
- Commonwealth v. Costa, 448 Mass. 510 (2007) (reliability considerations for identifiable versus anonymous informants)
- Commonwealth v. Mendes, 78 Mass. App. Ct. 474 (2010) (harmless error standard for evidence admitted in error)