Commonwealth v. Lavendier

947 N.E.2d 93, 79 Mass. App. Ct. 501, 2011 Mass. App. LEXIS 702
Massachusetts Appeals Court·Decided May 12, 2011·No. No. 10-P-78·Published·Cited by 20 cases

Opinion

Milkey, J.

After a jury trial, the defendant was convicted of operating under the influence of intoxicating liquor, third offense (G. L. c. 90, § 24[l][a][l]). On appeal, he primarily argues that a District Court judge erred by denying his motion to suppress certain incriminating statements that he made to the police [502] prior to his arrest. He also argues that the evidence at trial was insufficient to support the jury’s verdict. We affirm.1

1. Motion to suppress. Through the statements at issue, the defendant effectively acknowledged that he was intoxicated and that he had driven the truck found at the scene. The determinative issue is whether the defendant was already in “custody” when he made those statements. See Commonwealth v. Morse, 427 Mass. 117, 122 (1998) (“Miranda warnings are only necessary where one is subject to ‘custodial interrogation’ ”). In addressing that issue, we accept the motion judge’s findings of fact absent clear error (and the defendant alleges none), but we make our own assessment of the judge’s application of constitutional principles to the facts found. Commonwealth v. Mello, 420 Mass. 375, 381 n.8 (1995).

The motion judge found the following facts. Just before midnight on September 30, 2008, the Orleans police received an anonymous tip that a white pickup truck was driving erratically and “striking things” in the vicinity of Great Oak Road. A few minutes later, they received a call from the same tipster that a man in a particular residence there was yelling out a woman’s name. In response to the calls, a police officer arrived at a private residence at 80 Great Oak Road, where he found a chaotic and confusing scene. A white pickup truck was pulled up to the front door of the house and on the lawn. There were tire tracks in the dirt and the dew on the lawn had been disturbed, and the officer detected the scent of burning brakes emanating from the truck. He heard “breaking and smashing noises coming from inside the house” and “observed smashed windows and a toilet that seemed to be hanging outside one window.”

[503] The officer, joined by a second officer, proceeded inside to the kitchen of the home, where they found “a tipped over gas stove, broken items, and the defendant holding the refrigerator at a 45 degree angle.” The defendant initially told the police “he owned the house, then he said his aunt owned the house and that he was doing renovations, and then he said it was his cousin Mike’s house” (a statement that ultimately proved to be true). The police convinced the defendant to step away from the refrigerator “for everyone’s safety,” and they “asked him to sit down at a table in the dining room away from the kitchen.” As the defendant entered the dining room, he expressed a reluctance to have the police join him there, because there was “contraband” there that was his. The police nevertheless joined him in the dining room and continued with their questions as they tried to get to the bottom of what was going on.

From start to finish, the interview of the defendant lasted only ten to fifteen minutes. During the questioning, the defendant was seated at the table (where the referenced “contraband,” a small amount of marijuana, lay) and the police “were standing at the sides of the table.” At one point, a third officer, a sergeant, joined them. The sergeant questioned the defendant about whether he had driven and whether he had consumed alcohol. The defendant responded that he had driven from Newport, Rhode Island, and that he had not had anything to drink since he arrived at the house. He also stated he started to destroy things when he arrived. The officers’ suspicions were further aroused when they noticed that the defendant was not in any photographs adorning the walls and that mail there was not addressed to him, and when they learned from dispatch that the truck was registered to a different address and that someone else owned the house. The defendant also could not produce a key to the property when asked. The defendant at some point stood up and announced that he was “cocked”2 and that he was going to strangle one of the officers and kill another. He was then arrested.

The Supreme Judicial Court has instructed that we are to consider four factors in assessing the question of custody:

“(1) the place of the interrogation; (2) whether the officers [504] have conveyed to the person being questioned any belief or opinion that the person is a suspect; (3) the nature of the interrogation, including whether the interview was aggressive or, instead, informal and influenced in its contours by the person being interviewed; and (4) whether, at the time the incriminating statement was made, the person was free to end the interview by leaving the locus of the interrogation or by asking the interrogator to leave, as evidenced by whether the interview terminated with an arrest.”

Commonwealth v. Groome, 435 Mass. 201, 211-212 (2001). “[T]he initial determination of custody depends on the objective circumstances of the interrogation, not on the subjective views harbored by either the interrogating officers or the person being questioned.” Commonwealth v. Morse, 427 Mass. at 124, quoting from Stansbury v. California, 511 U.S. 318, 323 (1994).

a. Place of interrogation. The location of the interrogation was a neutral site. The defendant was questioned in a room with multiple exits, and the door to the house was “wide open.” Although this setting was different from the typical roadside confrontation, where one is in the open and visible to passersby, it is far from the coercive atmosphere of a police interrogation room. Moreover, it appeared to be a place familiar to the defendant; he evidently knew the house’s owner and was comfortable enough to leave his marijuana in the next room.

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Commonwealth v. Lavendier, 947 N.E.2d 93, 79 Mass. App. Ct. 501, 2011 Mass. App. LEXIS 702 (Mass. Ct. App. 2011).

947 N.E.2d 93 (Commonwealth v. Lavendier) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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