Com. v. Johnson
Decision Date | 26 June 2009 |
Docket Number | SJC-10267 |
Parties | COMMONWEALTH v. Anthony JOHNSON. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Rose E. King for the defendant.
Sidney E. Reavey, Assistant District Attorney, for the Commonwealth.
Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.
The defendant, Anthony Johnson, was charged in a three-count complaint with possession of "crack" cocaine with intent to distribute in violation of G.L. c. 94C, § 32A (a); possession of a class B substance, two "percot pills," in violation of G.L. c. 94C, § 34; and a school zone violation, G.L. c. 94C, § 32J. He moved to suppress the evidence of controlled substances, arguing that the police officers conducted an impermissible patfrisk of him in violation of the Fourth Amendment to the United States Constitution and art. 14 of the Massachusetts Declaration of Rights. A judge in the District Court allowed the motion after an evidentiary hearing. In an unpublished memorandum and order issued pursuant to its rule 1:28, the Appeals Court reversed. Commonwealth v. Johnson, 71 Mass.App.Ct. 1124, 887 N.E.2d 312 (2008). We granted the defendant's application for further appellate review, and, like the Appeals Court, we reverse the order allowing the defendant's motion to suppress.
1. Background. We set out the facts as found by the motion judge.1
The judge then determined that in the circumstances, where the police approached the six young people on a routine check for identification against warrants, in daylight, in the absence of any threatening behavior, and without any knowledge of the individuals except the trespasser, He concluded that no "reasonable suspicion existed to pat-frisk on these facts," and that the defendant's motion to suppress should be allowed.
2. Analysis. (Citations omitted.) Commonwealth v. Wilson, 441 Mass. 390, 393, 805 N.E.2d 968 (2004).
The sole issue presented in this case is whether the patfrisk of the defendant was constitutionally permissible.4 "A patfrisk is constitutionally justified when an officer reasonably fears for his own safety or the safety of the public ... or when the police officer reasonably believes that the individual is armed and dangerous" (citations omitted). Commonwealth v. Isaiah I., 450 Mass. 818, 824, 882 N.E.2d 328 (2008). For an officer's fear or belief to be "reasonable," it must be based on specific, articulable facts, and inferences fairly permitted by those facts. Commonwealth v. Wilson, supra at 394, 805 N.E.2d 968.
Two questions arise in connection with a determination whether a police officer had a sufficient, reasonable basis to conduct a patfrisk: (1) was the officer rightfully in the presence of the party who was ultimately frisked; and (2) did the officer have a reasonable basis to suspect that this party was likely to be armed and dangerous. See 4 W.R. LaFave, Search and Seizure § 9.6(a), at 615 (4th ed. 2004).
Here, the officers were legitimately in the presence of the group that included the defendant because the two officers knew that one of the young men standing in the group was committing a trespass by being at that location, and the officers were clearly authorized to approach the group and arrest him.5 Cf. Commonwealth v. Knowles, 451 Mass. 91, 99, 883 N.E.2d 941 (2008) ( ).
The second question—was there a reasonable and sufficiently specific basis for Officer Walter to suspect that his safety or the safety of the public was at risk or that the defendant was armed and dangerous—is more difficult. On the one hand, as the motion judge determined and in contrast with many of our patfrisk cases, the encounter at issue here occurred in broad daylight, not at night; there were no recent reports of criminal activity in the vicinity to which the police were responding; and the group of young people were not collectively engaged in any suspicious or potentially threatening conduct. Cf., e.g., Commonwealth v. Fraser, 410 Mass. 541, 542-547, 573 N.E.2d 979 (1991). See generally Commonwealth v. Knowles, 451 Mass. at 97-99, 883 N.E.2d 941, and cases cited. On the other hand, Officer Walter, who conducted the frisk, indicated that in view of the particular area—as the judge described it, "a high crime neighborhood replete with drug dealings, gangs, gun violence and property crimes"—the defendant's specific action of disregarding the direction to take his hands out of his pockets gave the officer a concern for his and the other police officer's safety.
The fact that the officers were in a high crime area is unquestionably a factor to consider, albeit with caution; we recognize that so-called high crime areas are inhabited and frequented by many law-abiding citizens who are entitled to be protected against being stopped and frisked just because of the neighborhood where they live, work, or visit. See, e.g., Commonwealth v. Holley, 52 Mass.App.Ct. 659, 663, 755 N.E.2d 811 (2001). The term "high crime area" is itself a general and conclusory term that should not be used to justify a stop or a frisk, or both, without requiring the articulation of specific facts demonstrating the reasonableness of the intrusion. See Commonwealth v. Gomes, 453 Mass. 506, 513, 903 N.E.2d 567 (2009). Here, however, the undisputed testimony of the two police officers was that the particular area of Springfield where the patfrisk occurred was, at the time of the frisk, "well known as a high gang area" with gun violence, citizen...
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