Com. v. Tomeo

CourtMassachusetts Supreme Judicial Court
Writing for the CourtLIACOS
Citation400 Mass. 23,507 N.E.2d 725
Decision Date14 May 1987
PartiesCOMMONWEALTH v. John F. TOMEO.

Page 725

507 N.E.2d 725
400 Mass. 23
COMMONWEALTH

v.
John F. TOMEO.
Supreme Judicial Court of Massachusetts,
Essex.
Argued Feb. 2, 1987.
Decided May 14, 1987.

Page 726

Joseph E. Marino, Winchester, for defendant.

Lila Heideman, Asst. Dist. Atty., for Com.

Before WILKINS, LIACOS, ABRAMS, NOLAN and O'CONNOR, JJ.

LIACOS, Justice.

The defendant was convicted by a jury in the Superior Court in Essex County of carrying a firearm without a license in violation of G.L. c. 269, § 10(a ) (1984 ed.). The defendant appeals, claiming error only as to the denial of his motion to suppress the weapon. We transferred the case to this court on our own motion, and we affirm.

[400 Mass. 24] We summarize the facts. On April 21, 1984, Officer John Coburn of the Saugus police department was on paid detail providing security for the patrons of a Saugus drinking establishment. An employee of that establishment told the officer that a man in a very intoxicated condition was leaving the premises, walking toward the parking lot. The officer observed that the defendant dropped his keys, was very unsteady on his feet, and was attempting to enter his motor vehicle. The officer asked the defendant to take a taxicab rather than drive. The defendant agreed, waited approximately fifteen minutes, then stated that he would wait no longer. The officer again advised the defendant not to drive. The defendant's speech was slurred, and he smelled of alcohol. When the defendant insisted on driving, the officer informed the defendant that he was placing him in protective custody. G.L. c. 111B, § 8. 1 He called for back-up assistance from a police cruiser nearby. As Officer Coburn was placing handcuffs on the defendant, Officer Herbert Collibee arrived and conducted a

Page 727

pat-down search. He discovered a loaded .38 caliber revolver tucked inside the defendant's belt. The defendant could not produce a license for possession of a firearm. He then was arrested. The officers advised the defendant of his Miranda rights, transported him to the Saugus police station, and booked him for possession of the firearm.

In this case, Officer Coburn had ample reason to conclude that the defendant was intoxicated, and that he was about to attempt to drive away in his automobile, which the officer reasonably could conclude would pose a risk to the defendant's "safety or the safety of other persons." G.L. c. 111B, § 8. [400 Mass. 25] Thus, the officer was entitled, under the statute, to seek to take the defendant in protective custody. 2

Under G.L. c. 111B, § 8, if a police officer...

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9 practice notes
  • Commonwealth v. Nickerson, No. 10–P–486.
    • United States
    • Appeals Court of Massachusetts
    • June 8, 2011
    ...with the police, and at no time was any officer motivated to administer field sobriety tests. Contrast Commonwealth v. Tomeo, 400 Mass. 23, 24–25, 507 N.E.2d 725 (1987) (officer had reason to believe that intoxicated defendant, attempting to drive away in his car, would pose a risk to himse......
  • Falmouth Nat. Bank v. Ticor Title Ins. Co., No. 90-1335
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • September 7, 1990
    ...look at the insurance contract as a whole in order to effectuate its overall purpose. Cullen Enter., Inc., 399 Mass. at 900 n. 27, 507 N.E.2d at 725 n. 27; Ober, 318 Mass. at 31, 60 N.E.2d at 91 (1945); see Lawyers Title Ins. Corp., 361 F.2d at 768. The corollary of this rule is that whenev......
  • Com. v. O'Connor
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • September 11, 1989
    ...Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 1879, 20 L.Ed.2d 889 (1968) ("specific and articulable facts"). In Commonwealth v. Tomeo, 400 Mass. 23, 507 N.E.2d 725 (1987), where the defendant did not challenge the validity of G.L. c. 111B, § 8, we discussed the statute in terms of the offi......
  • Commonwealth v. Walker, SJC-09225 (MA 4/13/2005), SJC-09225
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • April 13, 2005
    ...v. Sanchez, 403 Mass. 640, 645-646 (1988) (same); Commonwealth v. Andrews, 403 Mass. 441, 460 (1988) (same); Commonwealth v. Tomeo, 400 Mass. 23, 25 (1987) (same). See also Commonwealth v. Ferguson, 410 Mass. 611, 615 (1991) (conviction reversed; evidence and statement should have been supp......
  • Request a trial to view additional results
9 cases
  • Commonwealth v. Nickerson, No. 10–P–486.
    • United States
    • Appeals Court of Massachusetts
    • June 8, 2011
    ...with the police, and at no time was any officer motivated to administer field sobriety tests. Contrast Commonwealth v. Tomeo, 400 Mass. 23, 24–25, 507 N.E.2d 725 (1987) (officer had reason to believe that intoxicated defendant, attempting to drive away in his car, would pose a risk to himse......
  • Falmouth Nat. Bank v. Ticor Title Ins. Co., No. 90-1335
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • September 7, 1990
    ...look at the insurance contract as a whole in order to effectuate its overall purpose. Cullen Enter., Inc., 399 Mass. at 900 n. 27, 507 N.E.2d at 725 n. 27; Ober, 318 Mass. at 31, 60 N.E.2d at 91 (1945); see Lawyers Title Ins. Corp., 361 F.2d at 768. The corollary of this rule is that whenev......
  • Com. v. O'Connor
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • September 11, 1989
    ...Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 1879, 20 L.Ed.2d 889 (1968) ("specific and articulable facts"). In Commonwealth v. Tomeo, 400 Mass. 23, 507 N.E.2d 725 (1987), where the defendant did not challenge the validity of G.L. c. 111B, § 8, we discussed the statute in terms of the offi......
  • Commonwealth v. Walker, SJC-09225 (MA 4/13/2005), SJC-09225
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • April 13, 2005
    ...v. Sanchez, 403 Mass. 640, 645-646 (1988) (same); Commonwealth v. Andrews, 403 Mass. 441, 460 (1988) (same); Commonwealth v. Tomeo, 400 Mass. 23, 25 (1987) (same). See also Commonwealth v. Ferguson, 410 Mass. 611, 615 (1991) (conviction reversed; evidence and statement should have been supp......
  • Request a trial to view additional results

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