Commonwealth v. Castillo

5 Mass. L. Rptr. 143
CourtMassachusetts Superior Court
DecidedDecember 15, 1995
DocketNo. 943461
StatusPublished

This text of 5 Mass. L. Rptr. 143 (Commonwealth v. Castillo) 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. Castillo, 5 Mass. L. Rptr. 143 (Mass. Ct. App. 1995).

Opinion

Whitehead, J.

Background

The defendants stand indicted for the crimes of trafficking in 200 grams or more of cocaine, and conspiring to traffic in 200 grams or more of cocaine. Each of them filed a motion to suppress physical evidence which was allegedly seized by the Lynn Police from the third-floor apartment at 102 Cottage Street, in Lynn, on October 30,1994. Each moved to suppress all statements made by him on that date. The Court held a hearing on the motions on October 15, 1995-October 16, 1995. On October 16, 1995, the Court allowed the motions in part and denied them in part. At that time, the Court dictated into the record the essence of its findings of fact and rulings of law. By way of this document, the Court now reduces those findings and rulings to writing.

Findings of Fact

On the evening of October 30, 1994, Lynn Police Officers Shawn Hogan and Charles Griffin were on uniformed patrol in a police cruiser. At approximately [144]*1448:11 p.m., they received a direction from their dispatcher to proceed to 102 Cottage Street in response to a report of a disturbance on the second floor.1

The officers arrived at 102 Cottage Street within approximately one minute of receiving the call. Upon their arrival, they observed no apparent disturbance outside. They then proceeded up the steps to the front door and opened the outer door. They were unable to open an inner door because it was locked. They rang the doorbell of the first-floor apartment and, after a minute or so, a couple came to the door. The couple opened the inner door and stepped back, thereby allowing the officers entry.

The officers indicated to the couple that they had received a call for a problem on the second floor, and they asked the couple if they were aware of the problem. The couple pointed to the second floor and said words to the effect, “The problem is on the second floor.”

During their encounter with the couple, the officers observed that neither of the couple appeared to be suffering from any injury. In addition, the couple had left the entrance to their apartment open, with the result that the officers could see inside of the apartment. There did not appear to be any evidence of a disturbance inside of the apartment. At that point, the officers proceeded up the stairs.

The building at 102 Cottage Street consists of a three-stoiy, three-family, wooden structure. There is one apartment located on each floor. As has been previously noted, there is a front entrance which contains two doors, an outer door and an inner door. The doors are only inches apart. The front entrance enters into a staircase which serves all three apartments on their respective floors. There is also a rear staircase which serves all three apartments and the basement. Entrance to the rear staircase from outdoors can be had through a first-floor door which, on October 30, 1994, was unlocked.

The stairway upon which Officers Hogan and Griffin proceeded on October 30, 1994, was the front stairway. When they arrived at the second-floor landing, they observed that the door to the apartment on the second-floor was open and that the portion of the apartment nearest to the front door was dark. The officers thereupon entered the apartment for the purpose of determining whether or not anyone had suffered injuiy inside. As they searched the apartment, using flashlights, they observed it to be sparsely furnished. The furniture consisted, primarily, of a chair, a television set and a VCR.

At some point during their search of the second-floor apartment, the officers observed that the rear door was damaged — the door frame was broken and a portion of the door appeared to be chipped. The door gave the appearance of having been forcibly opened at some point in time.

While Officer Hogan remained inside of the second-floor apartment, Officer Griffin left the apartment and proceeded up onto the third-floor. He went by way of the front staircase. He knocked on the door of the third-floor apartment and said, first, “Lynn Police,” and then “Lynn Policia.” After some period of time, he heard footsteps proceeding quickly away from the front door. They sounded like the footsteps of more than one person.

Officer Hogan, from the second-floor apartment, heard the same footsteps, and he entered onto the rear staircase by way of the rear door to the second-floor apartment. As he did so, he heard a door upstairs open and then close. He did not see anyone on the staircase at that time. He continued up the stairs to the third-floor landing and stood immediately outside of the rear door to the third-floor apartment.

After he had stood there for a period of seconds, the rear door opened. Standing in the doorway was the defendant Castillo. Officer Hogan could see beyond the doorway, into the apartment (the lighting was good). He observed a bathroom immediately to the right and approximately four feet away from him; he saw a kitchen beyond that.

Castillo backed away from the doorway and towards the kitchen. At that point, Officer Hogan observed a man — later identified as Jesus Rodriguez — bent over the toilet in the bathroom. Rodriguez was manipulating the toilet in such a way that it would flush continually, and he was emptying a white powdery substance from a plastic bag into the toilet. Based upon Officer Hogan’s training and experience, he concluded that the powder contained in the bag likely was cocaine.

At that point, Officer Hogan stepped through the rear doorway, grabbed Mr. Rodriguez, pulled him out of the bathroom and brought him into the kitchen. Once Officer Hogan was inside of the kitchen with Rodriguez, he saw the defendant Morales standing at a kitchen window, a few feet away from the kitchen table. He appeared to be tossing items out of the window, as he looked, alternately, at the officer, the table and the window. As that was happening, the defendant Sanchez was standing immediately adjacent to the table. The defendant Castillo was also nearby.

Officer Hogan called for assistance. Officer Griffin received the call on the radio, while still standing outside of the front door of the third-floor apartment. In response, he proceeded down to the second-floor, went through the second-floor apartment, walked up the rear staircase, and entered the third-floor apartment through the rear door.

Once Officer Hogan and Officer Griffin had linked up, they called for additional back-up. Responding to that call were Officers John Meaney and Henry Wojowodzic, also known as Officer “Wojo.” The backup officers arrived within a minute and entered the building through the unlocked rear outer door. They [145]*145then proceeded up the rear staircase and entered the third-floor apartment through its rear door.

Officer Hogan and Officer Griffin did not know whether there was anyone inside of the apartment other than the four men in the kitchen, and they were therefore concerned for their own safety. Upon the arrival of Officers Meaney and Wojo, they suggested that Officers Meaney and Wojo conduct a protective sweep of the apartment, and Officers Meaney and Wojo did so.

While the protective sweep was occurring, Officer Hogan remained in the kitchen. During that time, he looked at the kitchen table and observed the following items: a standard package of “Glad-Wrap” baggies; fifty small plastic baggies measuring approximately one-half inch along each side; two scales; and an open paper bag.

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Bluebook (online)
5 Mass. L. Rptr. 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-castillo-masssuperct-1995.