Commonwealth v. Gonzalez

657 N.E.2d 1278, 39 Mass. App. Ct. 472, 1995 Mass. App. LEXIS 848
CourtMassachusetts Appeals Court
DecidedDecember 1, 1995
DocketNo. 94-P-1235
StatusPublished
Cited by7 cases

This text of 657 N.E.2d 1278 (Commonwealth v. Gonzalez) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Gonzalez, 657 N.E.2d 1278, 39 Mass. App. Ct. 472, 1995 Mass. App. LEXIS 848 (Mass. Ct. App. 1995).

Opinion

Smith, J.

On July 27, 1993, members of the Springfield police department narcotics unit obtained search warrants for a grocery store located at 128 Eastern Avenue and for a residence located at 264 Tyler Street, both addresses in Springfield. The issuance of the warrant to search 264 Tyler Street was supported by the affidavit of a Springfield police officer who was assigned to the narcotics unit. The affidavit was based upon information supplied by an informant, controlled buys, and surveillance by the affiant and other police [473]*473officers. Based on the information contained in the affidavit, the affiant concluded that he had probable cause to search “264 Tyler Street, first floor.” A magistrate agreed and issued a warrant authorizing a search of “264 TYLER STREET IN SPRINGFIELD, MA DESCRIBED AS TWO STORY, WOOD FRAME STRUCTURE, LIGHT BROWN SHINGLES WITH WHITE TRIM.” When the police searched the defendant’s first-floor apartment pursuant to the warrant, they believed that apartment’s address was 264 Tyler Street; however, the correct address was 126 Eastern Avenue. During the search, the police discovered narcotics and a firearm.

As a result, the defendant was the subject of several indictments charging him with (1) trafficking in cocaine with a net weight of more than twenty-eight grams but less than one hundred grams, (2) unlawful possession of cocaine with intent to distribute within 1,000 feet of a school, (3) unlawful possession of heroin with intent to distribute within 1,000 feet of a school, (4) conspiracy with intent to distribute (two indictments), and (5) possession of a firearm.

The defendant filed a motion to suppress the narcotics and the firearm that were seized as a result of the search of his apartment. Specifically, the defendant claimed that “the police knew or should have known of a separate and distinct residence at 126 Eastern Avenue” and that their failure to obtain a warrant for that address made the search of the defendant’s apartment constitutionally invalid.

A Superior Court judge held a hearing on the defendant’s motion.1 The judge heard testimony from the defendant and from the police officer who not only signed the application in support of the warrant to search 264 Tyler Street, but also [474]*474executed the search under the warrant, with other officers. In addition, the judge took a view of the location in question. After the hearing concluded, the judge allowed the defendant’s suppression motion, ruling that the constitutional and statutory particularity requirements for search warrants were not met. A single justice of the Supreme Judicial Court allowed the Commonwealth’s application for leave to appeal, see Mass.R.Crim.P. 15(b) (2), 378 Mass. 884 (1979), and reported the matter to this court for determination.

The Commonwealth claims that the judge committed error in allowing the defendant’s suppression motion. It argues that, although the warrant erroneously identified 264 Tyler Street as the premises to be searched — instead of 126 Eastern Avenue, that error did not invalidate the warrant because the warrant and affidavit, read together, accurately described the location of the defendant’s apartment, and the affiant’s knowledge of that location and his presence while the warrant was being executed, among other things, made the mistake of the wrong address immaterial.

In allowing the defendant’s motion, the judge filed a memorandum of decision which contained her findings of fact and conclusions. We summarize her findings and supplement them with information contained in the affidavit that supported the issuance of the search warrant. There are three addresses for the building (or buildings) located at the corner of Tyler Street and Eastern Avenue. They are 126 Eastern Avenue (the defendant’s apartment), 128 Eastern Avenue (a grocery store, the subject of the other search warrant obtained by the police), and 264 Tyler Street (the premises named in the search warrant used to search the defendant’s apartment).

Essentially, 264 Tyler Street and 126 Eastern Avenue constitute one building. That building has two floors; 126 Eastern Avenue takes up the entire first floor, and 264 Tyler Street takes up the entire second floor. The defendant’s apartment is located on the first floor (126 Eastern Avenue). What appears from the outside to be the first floor of 264 Tyler Street is actually the defendant’s first-floor apartment [475]*475bearing the address of 126 Eastern Avenue. Specifically, one of the bedrooms and a bathroom of the defendant’s apartment are situated alongside a veranda on Tyler Street.2 There are no doors on the veranda or anywhere else on Tyler Street that lead into 126 Eastern Avenue. The defendant’s first-floor apartment is entered from Eastern Avenue; rear entry is made from a parking lot located directly behind 126 Eastern Avenue.

Entry to the second-floor apartment located at 264 Tyler Street is gained by climbing an outdoor stairway on Tyler Street to a first-floor veranda. At the veranda, there is a door with a vestibule. A stairway inside the vestibule leads to the second floor at 264 Tyler Street. At the top of the stairs, there is a door, which leads into the 264 Tyler Street apartment. At no time during the execution of the warrant did the police enter the second-floor apartment at 264 Tyler Street.

. In the application in support of the search warrants, the affiant stated that he had received information from the informant that the defendant “keeps his cocaine in the cellar of the grocery store and also the first floor of 264 Tyler Street.” The informant was also present when the defendant sold a “bundle of heroin that [the defendant] had retrieved from the first floor of 264 Tyler Street.” Through surveillance, the affiant saw the defendant enter both 126 Eastern Avenue and 264 Tyler Street. Through information, obtained from postal inspectors, the affiant also learned that mail addressed to 126 Eastern Avenue was delivered to 128 Eastern Avenue (the grocery store).

The judge ruled that a warrant’s validity is determined by what the police knew or should have known about the building’s nature prior to the search. She cited Maryland v. Garrison, 480 U.S. 79 (1987); Commonwealth v. Treadwell, 402 Mass. 355 (1988); Commonwealth v. Erickson, 14 Mass. App. Ct. 501 (1982), and other decisions in support of that ruling. The judge held that, in the present case, the police [476]*476reasonably should have known that the defendant did not reside at the “first floor” of 264 Tyler Street.3 Therefore, she granted the defendant’s suppression motion. We vacate the judge’s order.

In order to be valid, a warrant must “particularly describ[e] the place to be searched and the persons or things to be seized,” as required by the Fourth Amendment to the United States Constitution, art. 14 of the Declaration of Rights of the Massachusetts Constitution, and G. L. c. 276, § 2. “The manifest purpose of this particularity requirement was to prevent general searches. By limiting the authorization to search to the specific areas and things for which there is probable cause to search, the requirement ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.” Commonwealth v. Carrasco, 405 Mass.

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Cite This Page — Counsel Stack

Bluebook (online)
657 N.E.2d 1278, 39 Mass. App. Ct. 472, 1995 Mass. App. LEXIS 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-gonzalez-massappct-1995.