Commonwealth v. Rousseau
465 Mass. 372
| Mass. | 2013Background
- Cordy, J. presided over separate trials where Rousseau and Dreslinski were convicted on multiple arson, breaking and entering, malicious destruction, and malicious injury to a railroad charges tied to fires at four Massachusetts locations in 2007.
- A GPS warrant was obtained to attach a tracking device to Dreslinski’s pickup truck for 15 days, later extended, to monitor its movements and collect evidence.
- Rousseau, a passenger, challenged the GPS warrant’s standing, while Dreslinski challenged the warrant’s probable cause and scope.
- Rousseau argued insufficiency of evidence at trial, admission of prejudicial character evidence, and probation conditions restricting computer use; he sought access-to-courts relief.
- Dreslinski challenged admission of Rousseau’s out-of-court statements under the joint venturer exception and a DiGiambattista-inspired cautionary instruction; convictions were affirmed with limited relief for Rousseau’s probation.
- The court held that both defendants had standing to challenge the GPS warrant, probable cause supported the warrant, and probation conditions for Rousseau be modified; Dreslinski’s other challenges were resolved in his favor to an extent, and convictions affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| GPS warrant validity and standing | Rousseau lacked standing; Dreslinski had standing | Rousseau had standing per privacy expectations; Dreslinski challenged probable cause | GPS warrant valid; Dreslinski and Rousseau have standing to challenge; probable cause supported |
| Probable cause sufficiency | Affidavit overstated participation but still established probable cause | Probable cause insufficient if overstated | Probable cause established by remaining facts in the affidavit |
| Admission of Rousseau’s statements | Statements admissible as joint-venturer admissions | Potential hearsay concerns | Admissible under joint venturer theory; not hearsay |
| DiGiambattista instruction modification | Proper instruction required; no prejudice | Instruction too favorable to defense | Instruction acceptable but use of 'waived' should be avoided; no new trial necessary |
| Probation condition regarding computers | Condition related to rehabilitation; broadly restricting rights | Unconstitutional breadth impedes access to courts | Modify probation condition to permit limited legal-research computer use in prison |
Key Cases Cited
- Commonwealth v. Connolly, 454 Mass. 808 (Mass. 2009) (GPS installation/monitoring can be seizure/read as protected under art. 14; expands standing analysis)
- United States v. Jones, 132 S. Ct. 945 (U.S. 2012) (GPS tracking constitutes a search under the Fourth Amendment; longstanding trespass/privacy considerations)
- Commonwealth v. Long, 454 Mass. 542 (Mass. 2009) (Excision of overbroad portions of an affidavit; probable cause standard in GPS warrants)
- Commonwealth v. DiGiambattista, 442 Mass. 423 (Mass. 2004) (Di Digiambistta framework for jury instruction when no interrogation recording exists)
- Commonwealth v. Bongarzone, 390 Mass. 326 (Mass. 1983) (Joint venture theory admissibility of statements within ongoing criminal enterprise)
- People v. Weaver, 12 N.Y.3d 433 (N.Y. 2009) (Defendant had reasonable expectation of privacy in vehicle location; GPS monitoring relevance)
- Commonwealth v. Mullane, 445 Mass. 702 (Mass. 2006) (Judicial discretion in admitting relevant evidence; no propensity inference)