103 N.E.3d 772
Mass. App. Ct.2018Background
- On April 14, 2012, the victim was stabbed during an attempted robbery and hospitalized for over six weeks.
- Two days later an eyewitness identified Erich Sorenson as the assailant and gave police his residence.
- Lowell police went to the multi‑unit building; Sgt. Joseph Murray knocked on a unit door, spoke with a woman, and Sorenson came to the door.
- Murray asked Sorenson to step into the hallway; Sorenson complied and was arrested without a warrant.
- Sorenson moved to suppress his post‑arrest statements and the officer’s observation of a cut on his finger, arguing lack of probable cause; the trial judge denied the motion.
- On appeal Sorenson conceded probable cause but argued for the first time that the arrest occurred in the apartment’s curtilage, requiring a warrant; the court found that argument waived and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for warrantless arrest | Commonwealth: identification evidence supported arrest | Sorenson: eyewitness and photo ID insufficient | Court: Probable cause existed; defendant conceded at argument |
| Suppression of statements and officer observations | Commonwealth: statements and observations admissible because arrest lawful | Sorenson: statements and observation should be suppressed as fruit of unlawful arrest | Court: Motion to suppress properly denied (probable cause) |
| Warrant requirement based on curtilage | Commonwealth: not on notice, did not litigate curtilage below | Sorenson: arrest occurred in curtilage, so warrant required | Court: Curtilage claim waived for failure to raise in motion to suppress |
| Adequacy of suppression motion pleading | Commonwealth: procedural rule requires particularity in grounds | Sorenson: argued later on appeal that mere warrantless arrest suffices | Court: Grounds not raised below are waived under Mass.R.Crim.P. 13(a)(2) |
Key Cases Cited
- Commonwealth v. Keefner, 461 Mass. 507 (standard for appellate review of suppression rulings)
- Commonwealth v. Scott, 440 Mass. 642 (standard of review for factual findings in suppression hearings)
- Commonwealth v. Cassino, 474 Mass. 85 (independent review of legal conclusions on suppression)
- Commonwealth v. Franco, 419 Mass. 635 (definition of probable cause for arrest)
- Commonwealth v. Santaliz, 413 Mass. 238 (probable cause explanation cited in Franco)
- Commonwealth v. Silva, 440 Mass. 772 (motion to suppress must state grounds with particularity)
- Commonwealth v. Bettencourt, 447 Mass. 631 (appellate review limited to issues presented below)
- Commonwealth v. Murphy, 353 Mass. 433 (curtilage and warrant principles)
- Commonwealth v. Leslie, 477 Mass. 48 (curtilage analysis is fact specific)
- United States v. Dunn, 480 U.S. 294 (four‑factor curtilage test)
- Commonwealth v. Fernandez, 458 Mass. 137 (case‑by‑case curtilage inquiry)