Commonwealth v. Rutledge (and 16 companion cases) (Lawyers Weekly No. 11-088-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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 13-P-965 Appeals Court COMMONWEALTH vs. ROBERT RUTLEDGE (and sixteen companion cases[1]). No. 13-P-965. July 25, 2014. Firearms. Constitutional Law, Stop and frisk, Search and seizure, Probable cause. Search and Seizure, Protective frisk, Container, Exigent circumstances, Probable cause. Probable Cause. Practice, Criminal, Motion to suppress. The defendants were charged with, inter alia, numerous firearms offenses. A judge in the Superior Court allowed the defendants’ motions to suppress a firearm seized after a warrantless search of a backpack following an investigatory stop of a motor vehicle. The Commonwealth appeals, contending that a preliminary patfrisk of the backpack was not necessary as a prerequisite to the search. We affirm. 1. Background. After an evidentiary hearing on the motions, the judge found the following facts. On July 13, 2011, a 911 operator in Brockton received a call from Roseangela Andrade. She explained to the operator that, while on the telephone with her boyfriend, she overheard an argument erupt between her current boyfriend and her former boyfriend, Jaemill Horton. Andrade further reported that, during the argument, Horton allegedly pulled a gun on her boyfriend, threatening to kill him if Andrade refused to drop her pending charges against Horton. Andrade advised the operator that Horton drove a black Acura automobile, with registration number “749-GH7.” Initial dispatch to the scene of the alleged altercation returned nothing. After following up with Andrade, officers determined that the vehicle was an Infiniti, with registration number “759-GH7,” and that Horton had an active matter pending in the Taunton Division of the District Court Department. At that time, the police initiated a general broadcast advising the officers to look for a black Infiniti, explaining that a gun had been pulled and threats made in connection with a pending court case. Officer Michael Minnock heard the general dispatch, but did not respond to the area. A little over an hour later, Minnock spotted the suspect vehicle and observed its occupants making furtive movements. Minnock activated his emergency lights and siren and stopped the vehicle. At that time, Horton, who was driving, exited the vehicle. In response, Officer Minnock exited his cruiser, drew his firearm, and ordered Horton to get back into the vehicle. Horton, however, did not comply. The front seat passenger, Rutledge, also exited the vehicle and was ordered toreenter. Instead, both Horton and Rutledge fled […]