Commonwealth v. Shane S., a juvenile
AC 15-P-1746
| Mass. App. Ct. | Sep 27, 2017Background
- Juvenile was charged as youthful offender for unlawfully possessing a firearm and delinquent for carrying a loaded firearm without an FID card after police discovered a loaded gun near grills where he briefly paused during flight.
- Officers were looking for Dion Ruiz, who was in a GPS exclusion zone; Officer Merner identified Ruiz from a photo and observed the juvenile approach Ruiz while jogging with hands held at his waistband.
- Officer Crabbe, in plain clothes, and partner exited an unmarked car and asked, “Hey, guys, can I talk to you for a sec?” The juvenile fled; Crabbe pursued on foot without calling out or ordering him to stop.
- During the chase the juvenile paused, bent near two grills, then resumed running with a natural arm swing; officers later found a loaded firearm at the grills.
- Officers apprehended the juvenile about a block away, put a hand on his chest (at which point the court found a seizure occurred), handcuffed him, and conducted a patfrisk that produced no weapon on his person.
Issues
| Issue | Juvenile's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether police seized juvenile when they began to follow him | Seizure occurred at start of pursuit; no reasonable suspicion to stop him | Following a fleeing person without commands or show of authority is not a seizure | No seizure occurred at start of pursuit; seizure occurred when officer put hand on chest |
| Whether officers’ approach/questioning constituted a seizure | Asking to talk converted encounter into a stop | A brief question is a consensual encounter unless a reasonable person would feel not free to leave | Not a seizure—questioning alone did not make juvenile feel not free to leave |
| Whether officers had reasonable suspicion to seize after pursuit | Flight alone insufficient; no probable facts linking juvenile to crime | Officers had specific articulable facts (gait, hand placement, pause at grills, association with Ruiz, area history) supporting reasonable suspicion he was armed | Officers had reasonable suspicion to detain at point of physical contact; seizure justified |
| Whether firearm and ammunition were fruits of unlawful seizure and should be suppressed | Evidence tainted by unlawful seizure and must be suppressed | Seizure occurred only when officer touched juvenile; discovery of firearm was lawful given prior observations and suspicion | Firearm admissible; suppression denied and convictions/adjudication affirmed |
Key Cases Cited
- Commonwealth v. Jones-Pannell, 472 Mass. 429 (SJC 2015) (trial judge’s factual findings credited absent clear error)
- Commonwealth v. Borges, 395 Mass. 788 (SJC 1985) (objective test for when a person is "seized")
- Commonwealth v. Franklin, 456 Mass. 818 (SJC 2010) (foot pursuit without show of authority is not necessarily a seizure)
- Commonwealth v. Stoute, 422 Mass. 782 (SJC 1996) (pursuit can constitute seizure under art. 14; Massachusetts test differs from Hodari D.)
- Commonwealth v. Williams, 422 Mass. 111 (SJC 1996) (police surveillance in public is not a seizure)
- Commonwealth v. Warren, 475 Mass. 530 (SJC 2016) (flight alone did not support reasonable inference of guilt in that case)
- Commonwealth v. Watson, 430 Mass. 725 (SJC 2000) (officer may make threshold inquiry based on suspicious conduct)