Posts tagged "1001715"

Commonwealth v. Santiago (Lawyers Weekly No. 10-017-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-11619   COMMONWEALTH  vs.  ANGEL SANTIAGO. Hampden.     October 7, 2014. – February 4, 2015.   Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ. Controlled Substances.  Search and Seizure, Standing to object, Threshold police inquiry, Reasonable suspicion, Probable cause, Fruits of illegal search.  Constitutional Law, Investigatory stop, Probable cause, Reasonable suspicion, Search and seizure.  Practice, Criminal, Motion to suppress, Standing.  Threshold Police Inquiry.  Probable Cause.       Indictment found and returned in the Superior Court Department on July 19, 2012.   A pretrial motion to suppress evidence was heard by John S. Ferrara, J.   An application for leave to prosecute an interlocutory appeal was allowed by Gants, J., in the Supreme Judicial Court for the county of Suffolk, and the appeal was reported by him to the Appeals Court.  The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.     Katherine E. McMahon, Assistant District Attorney, for the Commonwealth. Frederic G. Bartmon for the defendant. Michael K. Fee, P. R. Goldstone, Alex G. Philipson, Matthew R. Segal, & Jessie J. Rossman, for Massachusetts Association of Criminal Defense Lawyers & another, amici curiae, submitted a brief. Murat Erkan, for Erkan & Associates, LLC, amicus curiae, submitted a brief.     BOTSFORD, J.  The defendant has been indicted on a charge of unlawful distribution of a class B controlled substance (cocaine), second or subsequent offense.  See G. L. c. 94C, § 32A (c), (d).  He was stopped and arrested by police officers at the same time and in the same location as another man, Edwin Ramos, to whom the Commonwealth alleges the defendant distributed the cocaine; Ramos was charged with possession of cocaine by complaint in the District Court.  A judge in the Superior Court allowed the defendant’s motion to suppress evidence of the alleged cocaine on a theory of “target standing.”  We consider here the Commonwealth’s interlocutory appeal from the allowance of the motion.  We conclude that this is not an appropriate case in which to consider the adoption of target standing.  Accordingly, we reverse the order allowing the defendant’s motion to suppress. Background.  We take the relevant facts from the motion judge’s findings: “On May 14, 2012, Springfield Police Officer William Catellier observed the defendant . . . riding a bicycle in the North End section of Springfield.  This is an area […]

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Posted by Massachusetts Legal Resources - February 4, 2015 at 3:20 pm

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