The defendant was convicted of breaking and entering with the intent to commit a felony, G. L. c. 266, § 17. His appeal centers on the manner in which he was identified. We hold that the circumstances under which a showup identification procedure was conducted in this matter were not impermissibly suggestive, nor did the judge commit error in denying the defendant’s motion to suppress evidence of his out-of-court and in-court identifications, contrary to the arguments of the defendant on appeal. Nothing in the recent case of Commonwealth v. Martin,
Background. We summarize the following background taken
The defendant agrees that the traffic stop was lawful. Commonwealth v. Santana,
As reflected in the totality of the circumstances of this case, Officer Moody had good reason to detain the defendant for purposes of conducting a showup. First, the officer who originally investigated the breaking and entering of the condominium (and heard the victim and the disinterested witness describe the intruder as well as give descriptions of the vehicle located outside of the building) was the same officer who pulled over the defendant the following morning, within one mile of the crime scene, for the traffic violation. The officer could be expected to be familiar with the facts and progress of the case and be in a good position to make decisions relative to public safety and investigative efficiency. See ibid. See also Commonwealth v. Salerno,
The defendant argues that the showup procedure itself contained elements of unfairness and was unnecessarily suggestive in that the defendant was the only black man surrounded by several white uniformed officers when the victim, who was told she would be asked about a potential suspect, was brought to the scene of the traffic stop. A brief detention of approximately fifteen minutes to transport the victim was reasonable in order to conduct the identification procedure. See Commonwealth v. Salerno,
Based upon our conclusion that the showup identification was correctly admitted, the defendant’s challenge to the in-court identification as tainted fails. Commonwealth v. Leonardi,
Judgment affirmed.
Notes
Although the defendant correctly points out an error in the motion judge’s findings of fact relating to the witness’s observations, such error is harmless where the reasonableness of the showup and the denial of the motion to suppress were clearly supported by other evidence.
The car had a blue body with a white top, square headlights, and a white bumper sticker with black lettering. There also was a large dent in the rear passenger door on the driver’s side.
Contrast Commonwealth v. Johnson,
We note that the victim had not viewed other suspects or photographs prior to this showup and no one else was present who might have pressured her identification. Contrast Commonwealth v. Martin,
