Commonwealth v. Poirier
458 Mass. 1014
Mass.2010Background
- Poirier admitted to sufficient facts on two counts of indecent assault and was sentenced with GPS probation requirement for both counts.
- Upon release, Poirier reported to the probation office and attempted to arrange GPS monitoring, but the device could not be delivered until July 20.
- Probation detained Poirier after a July 16 hearing alleging noncompliance due to GPS device unavailability.
- On July 17, Poirier offered to undergo electronic monitoring (ELMO) with house arrest as a comparable device, which the judge denied.
- Commonwealth later conceded Poirier acted in good faith to comply and that ELMO likely satisfied the comparable device requirement.
- The Massachusetts Supreme Judicial Court reversed the detention finding, holding no probable cause existed because the failure to install GPS was not Poirier’s fault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was probable cause to detain for probation violation when GPS was unavailable | Commonwealth argued GPS unavailability could be violation; detention warranted. | Poirier acted in good faith to comply; department's failure to provide GPS caused noncompliance. | Probable cause reversed; no violation shown. |
| Whether ELMO with house arrest is a comparable device under G. L. c. 265, § 47 | Commonwealth initially contended GPS or comparable device required; existing doubt. | ELMO with house arrest is a likely comparable device; detention excessive. | Court did not decide conclusively; noted Poirier offered a more restrictive but comparable alternative and detention was abusive. |
Key Cases Cited
- Sibron v. United States, 392 U.S. 40 (1968) (confessions of error require independent judicial examination)
- Young v. United States, 315 U.S. 257 (1942) (judicial function cannot be replaced by party stipulations)
- Commonwealth v. Williams, 19 Mass. App. Ct. 915 (1984) (prosecution's commendation for not defending indefensible actions)
- Commonwealth v. Clark, 23 Mass. App. Ct. 375 (1987) (appellate review of probation-related determinations)
- Berger v. United States, 295 U.S. 78 (1935) (prosecutor's role in seeking justice, not victory)