Commonwealth v. McGeoghegan

449 N.E.2d 349, 389 Mass. 137, 37 A.L.R. 4th 1, 1983 Mass. LEXIS 1452
CourtMassachusetts Supreme Judicial Court
DecidedMay 11, 1983
StatusPublished
Cited by92 cases

This text of 449 N.E.2d 349 (Commonwealth v. McGeoghegan) 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. McGeoghegan, 449 N.E.2d 349, 389 Mass. 137, 37 A.L.R. 4th 1, 1983 Mass. LEXIS 1452 (Mass. 1983).

Opinions

O’Connor, J.

In this appeal by the Commonwealth from the dismissal of several criminal complaints, we consider the lawfulness of a roadblock stop of motor vehicles for the purpose of detecting drunk drivers. A District Court judge heard the defendant McGeoghegan’s motion to dismiss the complaints against him, and the parties agreed that the judge’s rulings on that motion would apply to the complaints against the other defendants as: well. Mc-Geoghegan’s motion, which states that it was filed by direction of the court, was expressly grounded on the contention that McGeoghegan’s motor vehicle was unlawfully stopped. The implied contention is that the evidence which provided the basis for the issuance of the complaints was unlawfully obtained as a result of the stop. After hearing McGeoghegan’s motion, the judge dismissed all the complaints against the defendants. The Commonwealth appealed, and we granted the Commonwealth’s application for direct appellate review. We affirm the orders dismissing the complaints.

The parties agreed at the hearing on the motion to dismiss that McGeoghegan was in a motor vehicle that had been stopped at a roadblock, that the police asked him for his “papers,” that he showed signs of having been drinking and was taken from his vehicle to a nearby van, where he took and failed a breathalyzer test, and that he was arrested and his vehicle was towed away. It was also agreed that the [139]*139police had no cause initially to stop McGeoghegan “except that he was one ... of two hundred or more motorists that were stopped as they passed the roadblock stoppoint.”

There are additional undisputed facts. The roadblock was conducted by the Revere police department on North Shore Road and Mills Avenue in that city on the evening of January 15, 1982. This was the result of a plan formulated earlier that day by the police chief and four subordinates. The area of the roadblock was a heavily travelled highway. The main purpose of the roadblock was to detect drunk drivers.

The stopping of McGeoghegan’s motor vehicle was a seizure within the meaning of the Fourth and Fourteenth Amendments to the United States Constitution and was required by those amendments to be reasonable. Delaware v. Prouse, 440 U.S. 648, 653-654 (1979). United States v. Brignoni-Ponce, 422 U.S. 873, 878 (1975). “[T]he reasonableness of such seizures depends on a balance between the public interest and the individual’s right to personal security free from arbitrary interference by law officers.” Id. The reasonableness standard usually requires that the facts on which an intrusion is based be measured against probable cause, Carroll v. United States, 267 U.S. 132, 149 (1925), or, in limited instances, on articulable, reasonable suspicion focusing on the affected individual. United States v. Brignoni-Ponce, supra at 881. See Delaware v. Prouse, supra at 654-656.

No method of spot checking motor vehicles to discover drunk drivers, in the absence of probable cause or articulable suspicion, has been held by the Supreme Court of the United States to be constitutionally permissible. However, the Supreme Court has not precluded the possibility that a constitutionally permissible spot check method might be devised.

In Delaware v. Prouse, supra, the Court distinguished random stops of motor vehicles from roadblocks, where “the motorist can see that other vehicles are being stopped, he can see visible signs of the officers’ authority, and he is much [140]*140less likely to be frightened or annoyed by the intrusion.” Id. at 657, quoting from United States v. Ortiz, 422 U.S. 891, 895 (1975). Delaware v. Prouse involved the random stopping of motor vehicles for the purpose of checking drivers’ licenses and vehicle registrations. The Court held that such stops were impermissible unless based on specific, articulable facts. However, the Court announced that its “holding does not preclude the State of Delaware or other States from developing methods for spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion. Questioning of all oncoming traffic at roadblock-type stops is one possible alternative.” Id. at 663. The Court had previously held in United States v. Martinez-Fuerte, 428 U.S. 543 (1976), that the routine stopping of motor vehicles at a fixed, permanent checkpoint by Federal Border Patrol agents to check for illegal aliens was lawful, noting that motorists using highways with permanent checkpoints are not taken by surprise “as they know, or may obtain knowledge of, the location of the checkpoints and will not be stopped elsewhere.” Id. at 559.

This court has not previously decided a case in which a question of the lawfulness of a roadblock stop of motor vehicles was involved. However, a somewhat similar question was presented in Commonwealth v. Harris, 383 Mass. 655 (1981). There we held that a warrantless search of persons entering the Suffolk County Court House was constitutionally permissible when its purpose was to protect that “sensitive facility” from the danger of violence. We noted that the defendant “was not singled out for different treatment from others similarly situated, the search could not have been a surprise to him, and he made no objection. Although elements of coercion were inherent in the situation, the element of voluntariness reduced the intrusiveness of the procedure.” We recognized the search as being consensual in the same way as in the airport search cases, citing McMorris v. Alioto, 567 F.2d 897, 901 (9th Cir. 1978). Commonwealth v. Harris, supra at 657.

[141]*141Decisions of two Federal Courts of Appeals and the Supreme Court of Oregon, subsequent to Delaware v. Prouse, supra, provide some assistance in an identification of factors that are significant to a determination whether a roadblock spot check method of discovering drunk drivers is a sufficiently reasonable accommodation of the public’s interest in highway safety with the individual’s right to personal security so as to be permissible under the United States Constitution.2 In United States v. Miller, 608 F.2d 1089 (5th Cir. 1979), cert. denied, 447 U.S. 926 (1980), officers of the Texas Department of Public Safety set up a routine license and vehicle registration checkpoint adjacent to a Border Patrol checkpoint, a lighted area, on Highway 67 in Texas. All cars travelling in either direction were stopped. The court noted that this was “a procedure apparently approved in Delaware v. Prouse.” Id. at 1093.

In United States v. Prichard, 645 F.2d 854 (10th Cir.), cert. denied, 454 U.S.

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Bluebook (online)
449 N.E.2d 349, 389 Mass. 137, 37 A.L.R. 4th 1, 1983 Mass. LEXIS 1452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mcgeoghegan-mass-1983.