Commonwealth v. Batista

10 Mass. L. Rptr. 556
CourtMassachusetts Superior Court
DecidedOctober 22, 1999
DocketNo. 9873CR 0423A-B
StatusPublished

This text of 10 Mass. L. Rptr. 556 (Commonwealth v. Batista) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Batista, 10 Mass. L. Rptr. 556 (Mass. Ct. App. 1999).

Opinion

Toomey, J.

INTRODUCTION

Defendants have each been accused, by Bristol County indictments, of Trafficking in a Class A controlled substance and Conspiracy to violate the controlled substance law. Contending that evidence of their guilt was obtained by the police via alleged violation of their federal and state constitutional rights, defendants have now moved to exclude that evidence from presentation at their trials.

More particularly, defendant Batista claims that the seizure of heroin from the rear seat of his motor vehicle after the vehicle had been stopped by the police without probable cause violated the Fourth and Fourteenth Amendments to the United States Constitution. He also asserts that an incriminating statement he uttered was the product of police interrogation effected in violation of the Fifth and Sixth Amendments to the United States Constitution.

Defendant Sornoza seeks suppression of a large amount of cash,, thought to be payment for Batista’s intended delivery of heroin, on the ground that the stop, search and seizure of his motor vehicle lacked probable cause. The search, and an incidental interrogation, are, he argues, contrary to the Federal and Commonwealth Constitutions.

For the reasons stated infra, Batista’s motion to suppress items seized and Sornoza’s motion to suppress items seized will be denied. Batista’s motion to suppress evidence of his statements to the police will be allowed, but Sornoza’s motion to suppress his statements will be denied.

FINDINGS OF FACT

1. On October 23, 1998, Swansea Police Detective Furtado received information from an anonymous informant. That information recited that:

a. Batista would drive, in a Lincoln, Jeep or Honda, along Route 6 to a parking lot in Swansea where a Burger King and a McDonald’s restaurants are situated. There, a transaction in heroin would occur in which Batista would sell four to six “brownies”1 for $200 each. The heroin would be delivered by Batista to the buyer in a Burger King bag.

b. Before Batista would deliver the “brownies,” an associate, operating an Infiniti, would accept from the buyer the payment for the heroin. The Infmiti’s operator would be an hispanic male. Communication between Batista and the cash pick up vehicle would be accomplished by cell phone and pager.

c. All vehicles would bear Rhode Island license plates.

d. The informant added that he was present when “brownies” were recently delivered to a buyer at the Swansea McDonald’s.

2. On October 26, 1998, Detective Furtado was apprised by Fall River Detective Paul that an informant, at 8:05 AM that morning, had told Paul that:

[557]*557a. A black Infiniti would arrive at the McDonald’s parking lot that day and its operator, an hispanic male, would receive from one “Jamie,” a white female in a red Honda with Florida license plates, money for the purchase of heroin.

b. The heroin was to be delivered to Jamie by Batista, whose street name was “Pablo,” in a Burger King bag at the Burger King site after she had paid the hispanic male in the McDonald’s lot.

c. Batista had delivered heroin to Fall River in the past and used multiple motor vehicles, including a Honda, in the exchanges. Batista had been arrested in Fall River, but, upon his release, he resumed his involvement in drug distribution, delivering heroin to the Burger King site in Swansea and to a location in Seekonk.

3. At about 10:00 AM on October 26, 1998, the Swansea and Fall River officers met and all were outfitted with Swansea radios. The Swansea and Fall River officers exchanged information gleaned from the informants. The group then proceeded to the Swansea parking lot.2 Detective Furtado positioned his unmarked cruiser in the vicinity of the McDonalds; Detective Paul and other Fall River officers were located near the Burger King.

4. From his surveillance location on Route 6, Detective Paul, at about 11:00 AM, observed a black Infiniti enter and, within one minute, leave the Burger King lot. The Infiniti proceeded east to the McDonald’s lot where Detective Furtado was positioned.

5. Detective Furtado, at about 11:00 AM, saw a black Infiniti, with Rhode Island license plates, moving in the McDonald’s parking area. The Infiniti was operated by an hispanic male (later identified as Sornoza) who drove through the lot, scanning the area. As the Infiniti passed Furtado’s position, the Detective engaged his cruiser and followed the Infiniti as it circled the lot.

6. Shortly thereafter, Paul saw a blue Honda approach on Route 6 from the west, enter the Burger King lot, place an order at the drive-up window and drive to the pick-up window. Detective Paul made a radio call to Detective Furtado urging him to participate in the stop of the Honda. Abandoning his “tail” of the Infiniti — which was, at the time of the radio transmission, seen by Furtado to enter a parking space beside a red Honda operated by a white female— Furtado sped to the Burger King site. As Paul’s unmarked cruiser approached the blue Honda from the front, its operator, recognized by Paul as Batista,3 put the Honda in reverse and slammed into a vehicle waiting behind the Honda at the pick-up window.4 Effectively hemmed in, Batista complied with Paul’s order to extend his hands through the Honda’s window for handcuffing.

7. Having been thus secured, Batista was interrogated. Paul asked him where the controlled substances were located. Batista replied, “On the backseat.” The police found and seized, from the back floor of the Honda, 750 bags of heroin. By this time Detective Furtado had arrived from the McDonald’s lot.

8. While in the vicinity of the blue Honda, Detective Furtado saw the black Infiniti proceed west on Route 6, decelerate, activate its directional light signalling an entry into the Burger King lot, but suddenly continue west on Route 6. The police approach, in marked cruisers,5 toward the blue Honda was in open view of the black Infiniti on Route 6. Paul told Furtado that he (Paul) had seen the Infiniti in the Burger King lot before the Honda had arrived. Furtado dispatched Officer Garvin to stop the Infiniti. The stop was effected by Garvin about Vs mile beyond the Burger King.

9. Detective Paul left the Burger King site and joined Officer Garvin to attend to the Infiniti and its operator. Paul approached the vehicle, searched the interior and seized two large packets of currency from the pockets of a jacket on the rear seat. Furtado arrived, having directed that Batista be removed to the Swansea police station for booking, and inquired of Sornoza as to his presence at the scene. Sornoza responded variously that he had dropped off his girlfriend at the Firestone Store and that he had been watching for her at the McDonald’s site. Paul delivered the currency to Furtado.

DISCUSSION

A. Motion to Suppress Items Seized From the Honda

The anonymous informants upon whom Detectives Paul and Furtado relied were not shown to have been reliable and, apart from the relative detail of their information, the mutual corroboration of their assertions and one informant’s claim that he/she was present “recently” at “brownie” deliveries, the source of their knowledge is not satisfactorily demonstrated.

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Bluebook (online)
10 Mass. L. Rptr. 556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-batista-masssuperct-1999.