Commonwealth v. Courtemarche

7 Mass. L. Rptr. 38
CourtMassachusetts Superior Court
DecidedMay 7, 1997
DocketNo. 951751001-007
StatusPublished

This text of 7 Mass. L. Rptr. 38 (Commonwealth v. Courtemarche) 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. Courtemarche, 7 Mass. L. Rptr. 38 (Mass. Ct. App. 1997).

Opinion

Toomey, J.

Facts

1.Having responded to a call directing him to the scene of the alleged crime, Dracut Police Detective James Wagner was informed by the victim, at approximately 3:00 a.m. on September 16, 1995, that:

a. she had been sexually assaulted:

b. the incident had occurred between 2:00 a.m. and 2:30 a.m. on September 16, 1995;

c. the assailant was shorter than the Detective (who was 6’2"), had long red hair and facial hair, wore a red plaid jacket, and had a hard pack (color red and white) of cigarettes in his jacket pocket;

d. the assailant’s voice sounded like, and his appearance looked like, her father’s “friend, Stephen”; and

e. the assailant had told the victim that his name was “John.”

2. The victim’s father informed the Detective, at about the same time, that the “Stephen” to whom the victim had alluded was Stephen Courtemarche whose girlfriend resided at 484 Rogers Street in Lowell.

3. The Detective arranged for the victim to be transported to a local hospital where, at about 4:45 a.m. on September 16, 1995, her father — who had driven by 484 Rogers Street en route to the hospital— informed the Detective that a vehicle, known to him to be owned by Stephen Courtemarche, was then at the 484 Rogers Street address.

4. The Detective requested, through Dracut dispatch, that Lowell officers meet him at 484 Rogers Street. At 5:05 a.m. the Detective and Lowell officers assembled at 484 Rogers Street and the Detective informed the Lowell police of all the information he had acquired. The group entered the yard, walked along the driveway and saw the defendant and two others seated on the exterior stairs leading to a porch (from which access to the interior house could be obtained).

5. The defendant had long red hair, wore a red plaid jacket and otherwise matched the description of the assailant that the victim had earlier provided to the Detective. When asked by the Detective, who was standing on the driveway, whether he was Stephen Courtemarche, the defendant said, “No, I am John Smith.” Defendant also denied ownership of the vehicle and asserted that he possessed no identification.

6. The Detective fully informed the defendant of his Miranda rights. The defendant stated that he understood his rights and would answer the Detective’s questions. When informed that the victim’s father had directed the detective to the 484 Roger’s Street address, the defendant conceded that he was not “John Smith,” admitted that he was Stephen Courtemarche, and claimed that, at 2:00 a.m., he was at the Rogers Street location.

7. At about 5:20 a.m., the Detective informed the defendant that he was under arrest, handcuffed him and immediately placed him in the custody of the Lowell officers. The latter placed him in their cruiser, [39]*39transported him to the Lowell Police station and “booked” him there in accordance with Lowell police protocol. The process included a Lowell Police Department booking sheet, telephone call form and photograph. After the Lowell booking, the defendant was released to the custody of the detective who transported him to the Dracut Police station for further processing.

8. At the Dracut station, at approximately 7:10 a.m., the defendant was again advised of his Miranda rights and waived them. At about 7:25 a.m., he signed a consent form authorizing the Dracut police to search his vehicle (which had been towed to Dracut).

9. In response to interrogation by the Dracut Police, the defendant denied any involvement in the alleged assault, claimed to have been driving aimlessly between Manchester, New Hampshire and Lowell, Massachusetts during the early morning hours of September 16, 1995 and had stopped at Rogers Street at approximately 2:00 a.m.

Discussion

The information obtained by Detective Wagner from the victim and her father, together with his observations of defendant at the rear of484 Rogers Street and defendant’s dissembling with respect to his name, provided him with probable cause to arrest defendant. Gerstein v. Pugh, 420 U.S. 103 (1975).1

The Question of Extraterritorial Arrest

The arrest, although mechanically effected by Detective Wagner, was in actuality that of the Lowell officers because they were in the immediate presence of Detective Wagner when he announced that defendant was under arrest, they forthwith took custody of defendant and they “booked” him at the Lowell police facility. In short, the arrest was a Lowell arrest, and Detective Wagner served only as an agent of the Lowell police. His greater familiarity with the circumstances of the offense and the identity of the offender enabled him to aid the Lowell operation. His delivery of custody, almost contemporaneous with his subjugation of defendant, was nothing more than a continuation of the act of arrest he had effected on behalf of the Lowell police. To suggest that the arrest and the delivery were substantially disparate acts is to deny the reality of the whole, and this Court is satisfied that the essence of the operation may be appropriately characterized as a Lowell arrest. There was, therefore, no extraterritorial inadequacy in the arrest of defendant.

The Question of Citizen’s Arrest

Even assuming arguendo that the arrest ought not to be labeled a Lowell arrest and that, therefore, it was ultra vires the Dracut Detective, the arrest, and consequent acquisition of evidence, does not thereby become illegitimate. While the Dracut Detective may not effect an official arrest in Lowell, he may, in appropriate circumstances, occasion a citizen’s arrest. Those circumstances exist at bar.

It is well settled that a police officer has no official authority to arrest outside the jurisdiction of his office (absent, of course, such special circumstances as hot pursuit or cross-designation), but he may exercise the same arrest powers that a private citizen possesses. Commonwealth v. Gullick, 386 Mass. 278 (1982). It is equally firmly established that a private citizen may arrest one whom he has probable cause to believe has committed a felony. Commonwealth v. Kerr, 409 Mass. 384, 287 (1991); Commonwealth v. Dise, 31 Mass.App.Ct. 701, 704 (1991). At bar, as noted supra, the Dracut Detective had abundant probable cause, and his “citizen’s” arrest of defendant in Lowell for the several felonies now under indictment was lawful.

The Question of the Need for a Warrant

To the contention that neither the Dracut Detective nor the Lowell officers ought to have entered the 484 Rogers Street property without a warrant, this Court finds no constitutional violation warranting suppression of evidence. The police entry onto the driveway violated no “expectation of privacy . . . ‘which society could recognized as reasonable.’ ’’ Commonwealth v. Simmons, 392 Mass. 45, 48, cert. denied; 469 U.S. 861 (1984), quoting Commonwealth v. Cadovet, 388 Mass. 148, 150 (1983). We are told by the Supreme Judicial Court that, “[a] driveway is only a semi-private area.” Simmons, 392 Mass. at 48, quoting United States v. Magana, 512 F.2d 1169, 1171 (9th Cir.), cert. denied, 423 U.S. 826 (1975). See also, Commonwealth v. A Juvenile (NO. 2), 411 Mass. 157, 161 (1991).

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Related

Gerstein v. Pugh
420 U.S. 103 (Supreme Court, 1975)
Payton v. New York
445 U.S. 573 (Supreme Court, 1980)
Steagald v. United States
451 U.S. 204 (Supreme Court, 1981)
United States v. Victor F. Magana
512 F.2d 1169 (Ninth Circuit, 1975)
Commonwealth v. Gullick
435 N.E.2d 348 (Massachusetts Supreme Judicial Court, 1982)
Commonwealth v. a Juvenile (No. 2)
580 N.E.2d 1014 (Massachusetts Supreme Judicial Court, 1991)
Commonwealth v. Amendola
550 N.E.2d 121 (Massachusetts Supreme Judicial Court, 1990)
Commonwealth v. Simmons
466 N.E.2d 85 (Massachusetts Supreme Judicial Court, 1984)
Town of Sandwich v. Quirk
566 N.E.2d 614 (Massachusetts Supreme Judicial Court, 1991)
Commonwealth v. Sergienko
503 N.E.2d 1282 (Massachusetts Supreme Judicial Court, 1987)
Commonwealth v. Montanez
571 N.E.2d 1372 (Massachusetts Supreme Judicial Court, 1991)
Commonwealth v. Dise
583 N.E.2d 271 (Massachusetts Appeals Court, 1991)
Commonwealth v. Cadoret
445 N.E.2d 1050 (Massachusetts Supreme Judicial Court, 1983)

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Bluebook (online)
7 Mass. L. Rptr. 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-courtemarche-masssuperct-1997.