Commonwealth v. Ford

476 N.E.2d 560, 394 Mass. 421, 1985 Mass. LEXIS 1404
CourtMassachusetts Supreme Judicial Court
DecidedApril 4, 1985
StatusPublished
Cited by60 cases

This text of 476 N.E.2d 560 (Commonwealth v. Ford) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Ford, 476 N.E.2d 560, 394 Mass. 421, 1985 Mass. LEXIS 1404 (Mass. 1985).

Opinions

Wilkins, J.

The defendant was convicted of unlawfully carrying a firearm under his control in a motor vehicle in viola[422]*422tian of G. L. c. 269, § 10 (a). Officer William Chase of the Watertown police department found the firearm in plain view when he opened the motor vehicle’s locked trunk to place eight-track tapes in it for safekeeping. He had seen the tapes in the passenger compartment of the motor vehicle which the defendant had been operating when Chase arrested him on an outstanding warrant.

Following his conviction at a bench trial in a District Court, the defendant appealed to the District Court jury session and filed a motion to suppress the rifle (and other items), alleging that the intrusion into the trunk of the motor vehicle violated his rights under the Fourteenth Amendment to the Constitution of the United States (and under the Fourth Amendment) and under art. 14 of the Declaration of Rights of the Constitution of the Commonwealth. That motion was denied. He was found guilty by ajúry and appealed to the Appeals Court. The Appeals Court reversed the conviction, holding that the intrusion into the trunk was a search for constitutional purposes and that the intrusion, which it characterized as a “storage search,” was unreasonable because it was not made pursuant to standard police procedures. Commonwealth v. Ford, 17 Mass. App. Ct. 505, 507-509 (1984). The Appeals Court left open the question whether the search would have been reasonable if it had been conducted pursuant to standard procedures. Id. at 509. We agree with the Appeals Court’s conclusions, but base our decision explicitly on State constitutional grounds.

We summarize the facts found by the motion judge and presented by Officer Chase in his testimony at the hearing on the motion to suppress. In the early hours of December 4, 1981, Officer Chase was on routine patrol in Watertown. He saw the defendant operating a motor vehicle and, aware that there was an arrest warrant outstanding against the defendant, stopped the vehicle. The defendant, who was alone, produced a license but no registration. He told Officer Chase that he was waiting for title on the vehicle before registering it. Officer Chase arrested the defendant and took him to the police station, where Officer Chase learned from the Registry of Motor Vehi[423]*423des that the vehicle was unregistered. He decided to remove the vehicle from the street where, because of the coincidence of where it had been stopped, it was parked in a restricted area. A private tow truck was called, and the officer returned to the motor vehicle.

Because he knew that personal property had been stolen from vehicles that had been towed and stored by the private tow company, the officer reached into the vehicle to secure its contents. As he removed the ignition key from the defendant’s key ring, Office Chase noticed eight-track tapes on the seat and on the floor of the passenger side of the vehicle. He opened the locked trunk in order to place the tapes in the trunk and saw the rifle. Office Chase testified that the Watertown police department did not have any specific procedure for securing property found in a vehicle that was about to be towed, but that, unless it was particularly valuable, most officers placed personal property seen in a vehicle’s passenger compartment in the trunk, left the ignition key with the car, and took all other keys to the station.

The motion judge concluded that Officer Chase did not intend to search the vehicle, that he did not expect to find contraband, that he had a legitimate reason for opening the trunk, and that the rifle was in plain view. He accordingly denied the motion to suppress.

1. The Commonwealth argues that there was no search in the constitutional sense because Officer Chase was not looking for anything when he opened the trunk of the motor vehicle. See State v. Tully, 166 Conn. 126, 131-133 (1974); Model Code of Pre-Arraignment Procedure § SS 210.1 (1) (1975). We reject this argument and agree with the Appeals Court that, whatever a police officer’s intentions may be, when he intrudes into an area in which a person had a reasonable expectation of privacy, it is a search for constitutional purposes. “In our view the sounder course is to recognize that the Fourth Amendment [and art. 14 govern] all intrusions by agents of the public upon personal security, and to make the scope of the particular intrusion, in light of all the exigencies of the case, a central element in the analysis of reasonableness. [424]*424. . . This seems preferable to an approach which attributes too much significance to an overly technical definition of ‘search. ’ ” Terry v. Ohio, 392 U.S. 1, 17-18 n.15 (1968). Thus a search occurs whenever “an expectation of privacy that society is prepared to consider reasonable” is infringed. United States v. Jacobsen, 466 U.S. 109, 122 (1984). We think there was a search for the purposes of the Fourth Amendment. Commonwealth v. Ford, 17 Mass. App. Ct. at 507, and authorities cited. We hold, in any event, that it was a search for the purposes of art. 14 of the Declaration of Rights. The officer’s state of mind may be significant in determining whether the search was reasonable or unreasonable, but it is not significant in determining whether there was a search in this case.1

2. We turn then to the question of the reasonableness of the intrusion. The parties have discussed by analogy cases involving inventory searches. In South Dakota v. Opperman, 428 U.S. 364 (1976), the Supreme Court of the United States upheld the seizure of contraband found in the course of an inventory search, pursuant to standard police procedures, of the unlocked glove compartment of a locked, impounded motor vehicle. The Court stated generally that “inventories pursuant to standard police procedures are reasonable,” id. at 372, and noted, in discussing Cady v. Dombrowski, 413 U.S. 433, 436 (1973), that “the protective search was carried out in accordance with standard procedures in the local police department, . . . a factor tending to ensure that the intrusion would be limited [425]*425in scope to the extent necessary to carry out the caretaking function,” South Dakota v. Opperman, supra at 374-375 (emphasis in original). Similarly, in his concurring opinion in the Opperman case, Justice Powell emphasized that, when “[inventory searches are conducted in accordance with established police department rules or policy,” officers cannot “make a discretionary determination to search” and “there is no significant danger of hindsight justification.” Id. at 383 (Powell, J., concurring). We have also noted the importance of standard police procedures when an inventory search is conducted, Commonwealth v. Wilson, 389 Mass. 115, 117 (1983); Commonwealth v. Matchett, 386 Mass. 492, 510 (1982), and have suggested that a particular inventory search of a vehicle’s trunk conducted in accordance with standard police procedures may have been resonable under the Fourth Amendment. See Commonwealth v. Hason, 387 Mass. 169, 178 (1982).2

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Fredericq
121 N.E.3d 166 (Massachusetts Supreme Judicial Court, 2019)
Commonwealth v. Judge
121 N.E.3d 188 (Massachusetts Appeals Court, 2019)
Commonwealth v. Garcia-German
90 Mass. App. Ct. 753 (Massachusetts Appeals Court, 2016)
Commonwealth v. Nicoleau
90 Mass. App. Ct. 518 (Massachusetts Appeals Court, 2016)
Commonwealth v. Maingrette
86 Mass. App. Ct. 691 (Massachusetts Appeals Court, 2014)
Commonwealth v. Polanco
32 Mass. L. Rptr. 450 (Massachusetts Superior Court, 2014)
Commonwealth v. Jeffreys
32 Mass. L. Rptr. 453 (Massachusetts Superior Court, 2014)
Commonwealth v. Legette
28 Mass. L. Rptr. 585 (Massachusetts Superior Court, 2011)
Commonwealth v. Brown
925 N.E.2d 845 (Massachusetts Supreme Judicial Court, 2010)
Commonwealth v. Diaz
26 Mass. L. Rptr. 94 (Massachusetts Superior Court, 2009)
Commonwealth v. Goewey
868 N.E.2d 651 (Massachusetts Appeals Court, 2007)
Commonwealth v. Goncalves
815 N.E.2d 592 (Massachusetts Appeals Court, 2004)
Commonwealth v. Bennett
16 Mass. L. Rptr. 645 (Massachusetts Superior Court, 2003)
Commonwealth v. Ellerbe
723 N.E.2d 977 (Massachusetts Supreme Judicial Court, 2000)
Commonwealth v. Tremblay
722 N.E.2d 34 (Massachusetts Appeals Court, 2000)
Commonwealth v. Ellis
10 Mass. L. Rptr. 429 (Massachusetts Superior Court, 1999)
Commonwealth v. Inoa
8 Mass. L. Rptr. 476 (Massachusetts Superior Court, 1998)
Commonwealth v. Garner
7 Mass. L. Rptr. 25 (Massachusetts Superior Court, 1997)
Commonwealth v. Stoute
665 N.E.2d 93 (Massachusetts Supreme Judicial Court, 1996)
Hatcher v. State
916 S.W.2d 643 (Court of Appeals of Texas, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
476 N.E.2d 560, 394 Mass. 421, 1985 Mass. LEXIS 1404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-ford-mass-1985.