Com. v. Guthrie G., SJC-09805.

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtRescript
Citation869 N.E.2d 585,449 Mass. 1028
Decision Date13 July 2007
Docket NumberSJC-09805.
PartiesCOMMONWEALTH v. GUTHRIE G., a juvenile.
869 N.E.2d 585
449 Mass. 1028
COMMONWEALTH
v.
GUTHRIE G., a juvenile.
SJC-09805.
Supreme Judicial Court of Massachusetts.
July 13, 2007.

Constitutional Law, Search and seizure, Waiver of constitutional rights by juvenile, Admissions and confessions. Search and Seizure, Exigent circumstances, Consent. Evidence, Admissions and confessions, Voluntariness of statement. Practice, Criminal, Admissions and confessions, Voluntariness of statement.

Susan L. Collins, Duxbury, for the juvenile.

Carolyn A. Burbine, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Lourdes M. Rosado & Marsha L. Levick, of Pennsylvania, for Juvenile Law Center & others.

Jane Larmon White, Committee for Public Counsel Services, Boston, for Committee for Public Counsel Services.

RESCRIPT.


449 Mass. 1028

The juvenile in this case was charged with delinquency by reason of unlawful possession of a firearm (G.L. c. 269, § 10 [a]) and receiving stolen property in excess of $250 (G.L. c. 266, § 60). A judge in the Juvenile Court allowed the juvenile's motion to suppress the firearm and certain statements he made to the police. The Commonwealth sought and obtained leave from a single justice of this court to pursue an interlocutory appeal from the suppression ruling. See Mass. R.Crim. P. 15(a)(2), as appearing in 422 Mass. 1501 (1996). The Appeals Court reversed. Commonwealth v. Guthrie G., 66 Mass.App.Ct. 414, 848 N.E.2d 787 (2006). We granted the juvenile's application for further appellate review.

The essential facts are set forth in the Appeals Court's opinion. See id. at 415-416, 848 N.E.2d 787. The Appeals Court

held that, given the exigent circumstances and public safety concerns, the police were warranted in asking the juvenile whether he had a gun without first giving Miranda warnings, id. at 416-417, 848 N.E.2d 787; that the police were further justified in asking to see the gun, id. at 417, 848 N.E.2d 787; that

449 Mass. 1029

the juvenile freely and voluntarily consented to producing the weapon, id. at 417-418, 848 N.E.2d 787; that there was no constitutional violation when the officers followed the juvenile to his bedroom, where he went to retrieve the weapon, id. at 418-419, 848 N.E.2d 787; and finally, that the juvenile was not deprived of a meaningful opportunity to consult with his father when questioned at the police station, id. at 419-420, 848 N.E.2d 787.1

We agree with the Appeals...

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5 practice notes
  • Commonwealth v. Loadholt
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 31 March 2010
    ...about possible location of gun in home). See Commonwealth v. Guthrie G., 66 Mass.App.Ct. 414, 416-417, 848 N.E.2d 787 (2006), S.C., 449 Mass. 1028, 869 N.E.2d 585 (2007) (same). Here, we conclude that the defendant's pre-Miranda statement to the police that a gun was located in the closet o......
  • Commonwealth v. Loadholt, SJC-10461 (Mass. 3/31/2010), SJC-10461.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 31 March 2010
    ...to ask juvenile about possible location of gun in home). See Commonwealth v. Guthrie G., 66 Mass.App.Ct. 414, 416-417 (2006), S. C., 449 Mass. 1028 (2007) Here, we conclude that the defendant's pre-Miranda statement to the police that a gun was located in the closet of the master bedroom fe......
  • Commonwealth v. Pacheco, No. 13–P–1821.
    • United States
    • Appeals Court of Massachusetts
    • 17 April 2015
    ...Commonwealth v. McCra, supra at 568, 694 N.E.2d 849 ; Commonwealth v. Guthrie G., 66 Mass.App.Ct. 414, 416, 848 N.E.2d 787 (2006), S.C., 449 Mass. 1028, 869 N.E.2d 585 (2007). “The choice of a sixteen year old juvenile not to consult with an available friendly advisor concerning those matte......
  • Com. v. White, No. 07-P-1815.
    • United States
    • Appeals Court of Massachusetts
    • 1 June 2009
    ...47 Mass.App.Ct. 271, 274-275, 712 N.E.2d 1157 (1999); Commonwealth v. Guthrie G., 66 Mass.App.Ct. 414, 416, 848 N.E.2d 787 (2006), S.C., 449 Mass. 1028, 869 N.E.2d 585 (2007). See also Grasso & McEvoy, 906 N.E.2d 1016 Suppression Matters Under Massachusetts Law § 18-3[f] (2008-2009 ed). Con......
  • Request a trial to view additional results
5 cases
  • Commonwealth v. Loadholt
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 31 March 2010
    ...about possible location of gun in home). See Commonwealth v. Guthrie G., 66 Mass.App.Ct. 414, 416-417, 848 N.E.2d 787 (2006), S.C., 449 Mass. 1028, 869 N.E.2d 585 (2007) (same). Here, we conclude that the defendant's pre-Miranda statement to the police that a gun was located in the closet o......
  • Commonwealth v. Loadholt, SJC-10461 (Mass. 3/31/2010), SJC-10461.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 31 March 2010
    ...to ask juvenile about possible location of gun in home). See Commonwealth v. Guthrie G., 66 Mass.App.Ct. 414, 416-417 (2006), S. C., 449 Mass. 1028 (2007) Here, we conclude that the defendant's pre-Miranda statement to the police that a gun was located in the closet of the master bedroom fe......
  • Commonwealth v. Pacheco, No. 13–P–1821.
    • United States
    • Appeals Court of Massachusetts
    • 17 April 2015
    ...Commonwealth v. McCra, supra at 568, 694 N.E.2d 849 ; Commonwealth v. Guthrie G., 66 Mass.App.Ct. 414, 416, 848 N.E.2d 787 (2006), S.C., 449 Mass. 1028, 869 N.E.2d 585 (2007). “The choice of a sixteen year old juvenile not to consult with an available friendly advisor concerning those matte......
  • Com. v. White, No. 07-P-1815.
    • United States
    • Appeals Court of Massachusetts
    • 1 June 2009
    ...47 Mass.App.Ct. 271, 274-275, 712 N.E.2d 1157 (1999); Commonwealth v. Guthrie G., 66 Mass.App.Ct. 414, 416, 848 N.E.2d 787 (2006), S.C., 449 Mass. 1028, 869 N.E.2d 585 (2007). See also Grasso & McEvoy, 906 N.E.2d 1016 Suppression Matters Under Massachusetts Law § 18-3[f] (2008-2009 ed). Con......
  • Request a trial to view additional results

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