Commonwealth v. Eugene

7 Mass. L. Rptr. 3
CourtMassachusetts Superior Court
DecidedJune 9, 1997
DocketNo. 96052324
StatusPublished

This text of 7 Mass. L. Rptr. 3 (Commonwealth v. Eugene) 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. Eugene, 7 Mass. L. Rptr. 3 (Mass. Ct. App. 1997).

Opinion

Connolly, J.

Defendant, Jude Eugene, stands indicted for trafficking in and possession of a controlled substance with the intent to distribute. Defendant now moves to suppress evidence derived from warrantless searches of his anal cavity and the vehicle in which he was a passenger on the ground that they were conducted in violation of the due process clauses of the Fifth and Fourteenth Amendments of the United States Constitution and articles 12 and 14 of the Massachusetts Declaration of Rights.

On March 24 and 25, 1997,1 conducted an evidentiary hearing. For the reasons stated below, defendant’s motion to suppress is ALLOWED.

FINDINGS OF FACT

In the fall of 1995, a confidential informant (Cl) told Trooper Christopher Meiklejohn, a Massachusetts State Police officer assigned to the Berkshire Crime [4]*4Prevention and Control (CPAC) Unit of the District Attorney’s office, that defendant travels from Pittsfield, Massachusetts to Springfield, Massachusetts to purchase cocaine. A records check revealed that defendant had two previous drug convictions.

In September 1996, the Cl informed Trooper Meiklejohn that defendant was dealing crack cocaine. Trooper Meiklejohn also learned that defendant was still traveling to Springfield and using a pager to sell crack cocaine. The Cl stated that George Hebert (“Hebert”) was one of the persons who drove defendant to Springfield and that when they were together it was for the purpose of engaging in drug transactions. Trooper Meiklejohn knew that defendant’s license was suspended and that he must need rides for many purposes.

The Cl acquired its information from four customers who purchased cocaine directly from defendant. Additionally, the Cl saw defendant in possession of cocaine. It also identified him from an unmarked Pittsfield Police Department photograph. The Cl was known to Trooper Meiklejohn because it had previously participated in controlled buys for the officer.

On October 19, 1996, the Cl notified Trooper Meiklejohn that defendant and Hebert left Pittsfield at 12:30 p.m. and were driving southbound on Route 7 to Springfield. The Cl obtained this information from another person. A check of Hebert’s motor vehicle records revealed that a truck was registered in his name.

Trooper Meiklejohn has conducted over 100 narcotics investigations. He estimated that a drive between Pittsfield and Springfield would take approximately two and one-half hours round trip; He also took into account that Springfield is a major supply area for drugs, dealers ordinarily use vehicles which belong to others, and persons other than the drug dealer usually drive these vehicles. He was also aware that Exit 2 of the Massachusetts Turnpike was a usual route for travelers between Pittsfield and Springfield. Based on the information from the Cl and the above factors, Trooper Meiklejohn and Trooper Angelo Valentini, a Massachusetts State Police officer who was stationed at Lee, set up a surveillance at Exit 2.

Plain-clothes officers spotted a two-toned brown pickup truck occupied by a white male driver and a black male passenger wearing a hat on the Massachusetts Turnpike at Broad Street. Thereafter, at a time which would approximate the arrival of a vehicle which left Pittsfield at 12:30 p.m., Troopers Meiklejohn and Valentini, sitting in a marked cruiser, saw the truck appear on Route 20 at East Street. When the truck passed, the officers observed the passenger ducking down in his seat. They proceeded to follow the truck along Route 20 and noted that the passenger continued to remain out of view. The officers activated the cruiser’s blue lights and, at approximately 4:30 p.m., stopped the truck on Route 7 northbound in Lenox.

The truck pulled over into the breakdown lane of the highway. Five police cruisers containing at least six officers surrounded the truck. Troopers Meiklejohn and Valentini approached the truck with their guns drawn and ordered the occupants to show their hands. As he approached, Trooper Meiklejohn wore a gray wool mask which exposed only his eyes to protect the Cl’s identity. He did not display a badge which identified him as a police officer.

The officers ordered the two occupants to exit the truck. Trooper Meiklejohn identified defendant as the passenger. Hebert was the driver. Defendant and Hebert were ordered to place their hands behind their heads. The police subjected defendant and Hebert to a pat-frisk search for weapons. The search of defendant yielded a pager and a police badge. Thereafter, the police then separated the two men, taking defendant to stand near one cruiser while detaining Hebert spread-eagled over another cruiser for approximately twenty minutes.

Trooper Meiklejohn began to interrogate defendant. When asked where he had been, defendant stated that he went to the Better Business Bureau in Springfield to register a complaint about a delay in the painting of his vehicle. Defendant showed Trooper Meiklejohn a receipt for an auto body shop which had no name at the top. The officer stated that he did not believe defendant.

Trooper Meiklejohn then ordered defendant to remove his boots. The officer looked inside the boots and shook them. Next, following the officer’s instructions, defendant dropped his pants. Trooper Meiklejohn patted defendant down, touching his genitals through his underwear. Trooper Meiklejohn also went through defendant’s pants pockets. Asked why he was ducking down in the truck, defendant claimed that he was removing a broken tape from the cassette player. Throughout this process, defendant was standing in the breakdown lane of Route 7 with his pants down for approximately two minutes as heavy traffic passed.

While Trooper Meiklejohn interrogated defendant, other officers were searching the truck. The search yielded defendant’s mail and a razor blade from the front passenger side of the vehicle. Additionally, Trooper John Chiaretta, a Massachusetts State Police officer assigned to the canine unit, arrived at the scene with a narcotics dog named Marco. Marco sniffed both the outside of the truck and the inside cab, but detected no drugs. Defendant testified that the dog also sniffed up and down his legs and private area while his pants were down. Trooper Chiaretta denied this, stating that the dog does not sniff human beings. I credit Trooper Chiaretta’s testimony.

While detaining Hebert spread-eagled over another cruiser, the police stated that they knew he and defendant had drugs in their possession and that Hebert [5]*5was only an addict and defendant the dealer. They warned him to cooperate before the drugs were found. Hebert was also warned not to give Trooper David Foley some lame story that insulted the officer’s intelligence. Hebert is of limited intelligence.

After approximately twenty minutes, Hebert told Trooper Foley that he believed defendant went to Springfield with a dual purpose: to visit the Better Business Bureau and to procure crack cocaine from a house. Defendant promised to pay for Hebert’s gas and give him a piece of cocaine. Defendant remained in the house for ten to fifteen minutes, but had nothing in his hands as he exited. Hebert never saw any drugs. He also told the officers that defendant ducked down in the truck and asked where the cruiser was located as they passed it. While ducking down, defendant placed his hand in the back of his pants and in between his buttocks. Hebert stated that the truck’s tape player was functioning normally.

Based on the information obtained from Hebert, Trooper Meiklejohn decided to conduct another strip search of defendant.

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Bluebook (online)
7 Mass. L. Rptr. 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-eugene-masssuperct-1997.