Commonwealth v. Tapia
463 Mass. 721
| Mass. | 2012Background
- Police obtained a warrant to search 957 Warren Ave, Apt. 3, Brockton, after an informant tip and three controlled heroin purchases tied to the defendant.
- A search of the apartment yielded a firearm, heroin, and cocaine, forming the basis for drug and firearm charges.
- The defendant moved to suppress the seized contraband as the fruit of an unlawful search, challenging the affidavit’s nexus to the residence.
- The twelve-page affidavit described the informant’s reliability, a ‘ Nana’ heroin source, three controlled purchases, and the defendant’s connection to the residence via vehicle and address records.
- Surveillance showed the defendant’s Honda parked at the residence during multiple surveillances; electricity and police records tied the address and telephone used in purchases to the defendant.
- The Superior Court granted suppression; the Commonwealth sought and obtained appellate review; the court held the nexus existed and reversed, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the affidavit establish a nexus between drug activity and the residence? | Affidavit showed three controlled buys and home-related conduct. | Insufficient nexus tying drug sales to the residence. | Yes; nexus established. |
| Was the informant tip adequately corroborated under Aguilar-Spinelli for art. 14? | Basis of knowledge and veracity prongs satisfied by direct observations and corroboration. | Informant tip alone insufficient without corroboration. | Informant satisfied Aguilar-Spinelli; corroboration supported probable cause. |
| May evidence gathered from multiple controlled purchases and surveillance support a residence search even if some inferences are disputed? | Combining observations supports probable cause to search the home. | Observations alone could be construed as insufficient. | Yes; combined evidence suffices. |
| Does the timely nexus (eight-day investigation) defeat stale-information concerns under art. 14? | Investigation was continuous; third purchase occurred two days before warrant. | Staleness could defeat nexus. | Timely nexus established; not stale under art. 14. |
Key Cases Cited
- Commonwealth v. Escalera, 462 Mass. 636 (Mass. 2012) (single drug-sale observation plus corroboration can establish nexus)
- Commonwealth v. Donahue, 430 Mass. 710 (Mass. 2000) (setting framework for inquisitive nexus analysis)
- Commonwealth v. Pina, 453 Mass. 438 (Mass. 2009) (nexus inquiry for residence searches in drug cases)
- Commonwealth v. Upton, 394 Mass. 363 (Mass. 1985) ( Aguilar-Spinelli framework for informant reliability)
- Commonwealth v. Cast, 407 Mass. 891 (Mass. 1990) (informant corroboration can compensate for prong deficiencies)
- Commonwealth v. Parapar, 404 Mass. 319 (Mass. 1989) (basis of knowledge prong of Aguilar-Spinelli must be shown)
- Commonwealth v. Byfield, 413 Mass. 426 (Mass. 1992) (art. 14 review combines with Fourth Amendment considerations)
- Commonwealth v. Luthy, 69 Mass. App. Ct. 102 (Mass. App. Ct. 2007) (corroboration of drug-delivery nexus to residence)
- Commonwealth v. Rodriguez, 75 Mass. App. Ct. 290 (Mass. App. Ct. 2009) (telephone linkage to residence supports nexus)
- Commonwealth v. Warren, 418 Mass. 86 (Mass. 1994) (presence of residence shown by surveillance and records suffices)
- Commonwealth v. Alcantara, 53 Mass. App. Ct. 591 (Mass. App. Ct. 2002) (address and identity corroboration in probable cause)
- Commonwealth v. Smith, 57 Mass. App. Ct. 907 (Mass. App. Ct. 2003) (limits of drug-transaction observations to prove home search need)
- Illinois v. Gates, 462 U.S. 213 (U.S. Supreme Court 1983) (art. 14 uses Aguilar-Spinelli; Gates endorses totality-of-circumstances for US Constitution)