Posts tagged "1001517"

Commonwealth v. Edwards (Lawyers Weekly No. 10-015-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   SJC-11989   COMMONWEALTH  vs.  JOSHUA EDWARDS.       Suffolk.     September 6, 2016. – January 20, 2017.   Present:  Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.     Constitutional Law, Search and seizure, Investigatory stop, Reasonable suspicion.  Search and Seizure, Motor vehicle, Threshold police inquiry, Reasonable suspicion.  Threshold Police Inquiry.  Firearms.  Alcoholic Liquors, Possession of opened bottle.  Beverage Containers.       Indictments found and returned in the Superior Court Department on April 23, 2013.   A pretrial motion to suppress evidence was heard by Kenneth W. Salinger, J.   An application for leave to prosecute an interlocutory appeal was allowed by Botsford, J., in the Supreme Judicial Court for the county of Suffolk, and the appeal was reported by her to the Appeals Court.  After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.     Greg L. Johnson for the defendant. Matthew T. Sears, Assistant District Attorney, for the Commonwealth.     BOTSFORD, J.  The defendant, Joshua Edwards, has been indicted for multiple offenses, including firearms offenses, with which he was initially charged following the seizure and search of a motor vehicle he had been driving.  Before trial, he moved to suppress evidence seized during the search of the vehicle, invoking the Fourth Amendment to the United States Constitution and art. 14 of the Massachusetts Declaration of Rights.  After an evidentiary hearing, a Superior Court judge allowed the defendant’s motion.  A single justice of this court allowed the Commonwealth leave to pursue an interlocutory appeal and reported the case to the Appeals Court.  See Mass. R. Crim. P. 15 (a) (2), as appearing in 422 Mass. 1501 (1996).  The Appeals Court reversed in an unpublished memorandum and order issued pursuant to its rule 1:28.  Commonwealth v. Edwards, 87 Mass. App. Ct. 1133 (2015).  We granted the defendant’s application for further appellate review.  Recognizing that this is an exceedingly close case, we conclude that the stop was predicated on reasonable suspicion of criminal activity and therefore reverse the motion judge’s order allowing the motion to suppress. Factual background.  One witness, Boston police Officer David Lanteigne, testified at the hearing on the motion to suppress.  In addition, a number of photographs, documents, and police radio transmissions, as well as a recording of a 911 call, were received in evidence.  In reviewing […]

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Posted by Massachusetts Legal Resources - January 20, 2017 at 6:58 pm

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