107 N.E.3d 1195
Mass. App. Ct.2018Background
- Police monitoring a federal wiretap overheard the defendant threaten to "shoot" an identified victim and said she would "get the gun" and go to the victim's location.
- Officers identified the defendant by phone number and requested real-time cell-site location information (CSLI) from AT&T via an exigent/emergency request; AT&T provided periodic pings for ~two hours.
- CSLI placed the defendant near the victim's girlfriend's residence; while monitoring a subsequent call in which the defendant said she was "sitting right in front of her house" and again threatened to shoot, officers found the vehicle and identified it as registered to the defendant.
- Officers stopped the vehicle, ordered the defendant out when she said she had no license, arrested her for driving without a license, and searched the car; they recovered a stun gun in a purse and a loaded firearm in the trunk.
- The defendant moved to suppress evidence from (1) the warrantless real-time CSLI tracking and (2) the warrantless vehicle search; the motion judge denied both, invoking the emergency-aid exception for CSLI and the automobile exception for the vehicle search.
- The defendant pursued an interlocutory appeal; the Appeals Court affirmed the denial of suppression for both searches.
Issues
| Issue | Commonwealth's Argument | Raspberry's Argument | Held |
|---|---|---|---|
| Whether warrantless real-time CSLI tracking was permissible | Emergency-aid exception justified CSLI where officers reasonably believed defendant posed an imminent threat of serious harm | Emergency-aid exception not met; CSLI search unconstitutional or unnecessary once subscriber info was available | Court: CSLI tracking justified under emergency-aid exception given threats, contemporaneous calls, and need to locate and intercept defendant |
| Whether warrantless search of vehicle (including trunk) was permissible | Automobile exception: probable cause that vehicle contained a loaded gun defendant intended to use | Discovery of stun gun weakened probable cause for additional firearm in trunk | Court: Probable cause existed (threats + conduct); search, including trunk, valid under automobile exception |
Key Cases Cited
- Commonwealth v. Snell, 428 Mass. 766 (upholding warrantless entry under emergency-aid exception)
- Commonwealth v. Duncan, 467 Mass. 746 (describing emergency-aid exception and standards)
- Brigham City v. Stuart, 547 U.S. 398 (recognizing emergency entry to prevent harm)
- Carpenter v. United States, 138 S. Ct. 2206 (CSLI access generally a search; exigency exceptions may exist)
- Commonwealth v. Dame, 473 Mass. 524 (articulating automobile-exception scope)
- Commonwealth v. Garden, 451 Mass. 43 (automobile exception extends to trunk when item may reasonably be there)