Com. v. Motta, 91-P-1280

Decision Date22 March 1993
Docket NumberNo. 91-P-1280,91-P-1280
Citation34 Mass.App.Ct. 921,609 N.E.2d 1228
PartiesCOMMONWEALTH v. Steven L. MOTTA.
CourtAppeals Court of Massachusetts

Antone B. Cruz, Jr., New Bedford, for defendant.

Cynthia A. Vincent, Asst. Dist. Atty., for Com.

Before ARMSTRONG, BROWN and PORADA, JJ.

RESCRIPT.

On appeal from his conviction for trafficking in cocaine, the defendant alleges error in the denial of his motion to suppress. He contends that the reliability of the informant who furnished the information for the issuance of a search warrant was not established. We agree and reverse his conviction.

Here, the affiant stated that the informant had furnished information which had led to the arrest of two named individuals for possession of cocaine with intent to distribute. This statement standing alone was insufficient to establish the reliability of the informant. Commonwealth v. Rojas, 403 Mass. 483, 486, 531 N.E.2d 255 (1988). The Commonwealth contends that this deficit was overcome by independent corroboration of the informant's information set forth in the affidavit. Commonwealth v. Germain, 396 Mass. 413, 417, 486 N.E.2d 693 (1985). Commonwealth v. Robinson, 403 Mass. 163, 166, 526 N.E.2d 778 (1988).

In the affidavit, the affiant stated that he had received information from the informant that a white male named Steve, described as "5'11"', thin, mustache, mid-thirties, and operating a black Chevy Monte Carlo[,] is dealing cocaine and has a kilo of cocaine ... at his house at 52 Elm Ave. in Fairhaven." The affiant further averred that he had seen a black "Chevy" Monte Carlo automobile in the yard at that address and that a check of municipal records disclosed that 52 Elm Avenue in Fairhaven was occupied by "Steven L. Motta[,] ... a white male, 5' 11"' in height, with a thin mustache, being 34 years old." The affiant also stated that a check of the New Bedford police records showed that a Steven L. Motta had been arrested for possession of cocaine and on another occasion for trafficking in cocaine.

This corroborating information was insufficient to establish the informant's reliability. The information supplied by the informant, which was corroborated by police investigation, did not include any specific details about the defendant which were not easily obtainable by an uninformed bystander. See Commonwealth v. Lyons, 409 Mass. 16, 19-22, 564 N.E.2d 390 (1990); Commonwealth v. Brown, 31 Mass.App.Ct. 574,...

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9 cases
  • Com. v. Kennedy
    • United States
    • Appeals Court of Massachusetts
    • August 5, 1997
    ...108, 111-112, 579 N.E.2d 156 (1991); Commonwealth v. Malone, 24 Mass.App.Ct. 70, 72, 506 N.E.2d 163 (1987); Commonwealth v. Motta, 34 Mass.App.Ct. 921, 922, 609 N.E.2d 1228 (1993). Such conclusory, undetailed references to previous arrests amount to little more than an assertion of a person......
  • Commonwealt v. Hill
    • United States
    • Appeals Court of Massachusetts
    • November 9, 2000
    ...Alvarado, 423 Mass. 266, 272-274 (1996) (corroboration of innocent details insufficient to satisfy veracity prong); Commonwealth v. Motta, 34 Mass. App. Ct. 921, 922 (1993) (confirmation of name and address provided by informant is not sufficient to satisfy veracity prong). Neither the fact......
  • Com. v. Watson, 92-P-369
    • United States
    • Appeals Court of Massachusetts
    • March 21, 1994
    ...was not registered in the defendant's name, and thus not readily available to the general public. Contrast Commonwealth v. Motta, 34 Mass.App.Ct. 921, 922, 609 N.E.2d 1228 (1993), where the police corroborated only information "easily obtainable by an uninformed bystander." The corresponden......
  • Commonwealth v. Mariano
    • United States
    • Massachusetts Superior Court
    • May 27, 1998
    ... ... Washington, 39 ... Mass.App.Ct. 195, 197 (1995) (same). Compare with ... Commonwealth v. Motta, 34 Mass.App.Ct. 921, 922 ... (1993) ("The information supplied by the informant, ... which was ... ...
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