Commonwealth v. Tejeda (Lawyers Weekly No. 11-074-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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; SJCReportersjc.state.ma.us 15-P-1085 Appeals Court COMMONWEALTH vs. JOSEFA TEJEDA. No. 15-P-1085. Suffolk. April 14, 2016. – June 24, 2016. Present: Kafker, C.J., Kinder, & Neyman, JJ. Misleading a Police Officer. Probable Cause. Practice, Criminal, Dismissal, Complaint. Words, “Trick,” “Scheme,” “Device.” Complaint received and sworn to in the Roxbury Division of the Boston Municipal Court Department on October 8, 2014. A motion to dismiss was heard by David Weingarten, J., and a motion for reconsideration was considered by him. Zachary Hillman, Assistant District Attorney, for the Commonwealth. David S. Victorson (Lia C. Monahon with him) for the defendant. KINDER, J. The defendant was charged in the Roxbury Division of the Boston Municipal Court Department with possession of heroin, see G. L. c. 94C, § 34, and misleading a police officer, see G. L. c. 268, § 13B.[1] Prior to trial the defendant moved to dismiss both charges, arguing that the complaint application failed to establish probable cause. The motion was denied as to the heroin charge, but allowed as to the charge of misleading a police officer; the Commonwealth appealed.[2] This interlocutory appeal presents the question whether the concealment and destruction of evidence can mislead a police officer within the meaning of G. L. c. 268, § 13B. On the facts presented here, we conclude that it can. Accordingly, we vacate the order dismissing the charge of misleading a police officer. Background. We summarize the facts set forth in the application in support of the complaint. On October 8, 2014, Boston police Officer David Crabbe was on patrol near Roxbury and Washington Streets, an area of Boston known for open drug dealing. His attention was drawn to a white male later identified as Christopher Willett. Earlier in the day Officer Crabbe had observed Willett attempting to trade food stamps for drugs. Officer Crabbe observed Willett walking briskly on Marvin Street toward Shawmut Avenue. Willett was accompanied by the defendant, known to Officer Crabbe as “Josefa Tejada [sic].” He lost sight of them briefly as he entered his cruiser to follow. Officer Crabbe next observed Willett and the defendant on Madison Park Court behind a parked car. They made eye contact with Officer Crabbe, turned, and began to walk away. Officer Crabbe then observed a third individual squatting behind the car. He recognized him as Jim Figueroa, known to Officer Crabbe as a heroin user. Figueroa […]