Commonwealth v. Montoya

984 N.E.2d 793, 464 Mass. 566, 2013 WL 951128, 2013 Mass. LEXIS 45
CourtMassachusetts Supreme Judicial Court
DecidedMarch 14, 2013
StatusPublished
Cited by15 cases

This text of 984 N.E.2d 793 (Commonwealth v. Montoya) 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. Montoya, 984 N.E.2d 793, 464 Mass. 566, 2013 WL 951128, 2013 Mass. LEXIS 45 (Mass. 2013).

Opinion

Duffly, J.

During the defendant’s trial in the Superior Court on drug-related charges that included trafficking in cocaine over twenty-eight grams, certificates of chemical analysis establishing the weight and identity of the substance alleged to have been in the defendant’s possession (drug certificates) were erroneously admitted in evidence. At issue in this case is whether the improper admission of those drug certificates was harmless beyond a reasonable doubt, where jurors had the opportunity to handle and examine the bags of powder cocaine in evidence. Because we conclude that unaided jurors would not have been able to determine the weight of such small quantities with the requisite degree of precision, and that the evidence otherwise was not overwhelming, the error in admission of the drug certificates was not harmless beyond a reasonable doubt. Therefore, the defendant’s convictions must be vacated.

Background. The defendant was indicted on charges of distribution of cocaine, G. L. c. 94C, § 32A (c); a drug violation within a school zone, G. L. c. 94C, § 32J; trafficking in cocaine over twenty-eight grams and less than one hundred grams, G. L. c. 94C, § 32E (b); and conspiracy to violate the drug laws, G. L. c. 94C, § 40. The charges stemmed from the defendant’s arrest after State troopers, conducting surveillance in the parking lot of a grocery store, observed the defendant hand something through the window of his vehicle to the driver of a pickup truck. One trooper seized a single, small bag of suspected cocaine from the individual in the truck; another trooper conducted a search of the automobile that the defendant had been driving, and found twenty small bags of suspected cocaine.

The defendant moved to suppress the items found in the vehicle he was driving as well as his postarrest statements to police. A Superior Court judge denied the motion, concluding that the police stop and arrest of the defendant were supported [568]*568by probable cause and that the defendant’s statements to police had been made voluntarily and intelligently.

At trial, the Commonwealth introduced two drug certificates from the State police drag laboratory. These certificates were admitted in part to establish that the bag recovered from the buyer contained 2.68 grams of cocaine and that the bags recovered from the defendant’s vehicle contained a total of 39.74 grams of cocaine. Neither of the chemical analysts who prepared the drug certificates testified. The defendant did not object to the admission. The Commonwealth dismissed the indictment for conspiracy before the case went to the jury. The defendant was convicted on the other three indictments.

The defendant appealed from the denial of his motion to suppress and from his convictions. Five months before his appeal was docketed in the Appeals Court, the United States Supreme Court issued its decision in Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) (Melendez-Diaz), in which the Court overturned earlier Massachusetts case law and held that a drug analyst’s certificate is testimonial and cannot be admitted at trial unless a defendant has the opportunity to cross-examine the person who conducted the analysis on which the certificate was based. The defendant thereafter filed a motion for a new trial in the Superior Court, in which he argued that the admission of the drug certificates violated his right to confrontation guaranteed by the Sixth Amendment to the United States Constitution and that his trial counsel was ineffective for not having objected to their admission.1 The judge denied the motion, concluding that admission of the drug certificates was harmless beyond a reasonable doubt. The defendant’s appeal from that denial was consolidated with his direct appeal, and we transferred the case to this court on our own motion.

Before us, the defendant raises four claims of error. He contends that (1) the admission of drug certificates absent testimony of the analysts who performed the tests and certified the results violated his right under the Sixth Amendment to confront [569]*569the witnesses against him; (2) the judge erred in denying his motion to suppress evidence seized from his vehicle because police did not have probable cause to arrest him; (3) his statements to police should have been suppressed because they were not voluntary; and (4) his trial counsel was ineffective.

Facts. The jury could have found the following. At approximately 1 p.m. on August 8, 2006, State troopers Bradford Porter and Jeffrey Saunders were conducting surveillance in the parking lot of a grocery store in the city of Everett. Police frequently had observed narcotics sales in that area. The two troopers were in separate, unmarked vehicles. Porter saw a white Ford pickup truck and a brown Toyota sedan parked with the drivers’ windows facing one another and the drivers “hanging out of the windows and engaged in some form of conversation.” Saunders observed the driver of the Toyota pass something to the driver of the pickup truck. He radioed this information to Porter and followed the Toyota as it left the parking lot.

Porter approached the pickup truck and saw the driver heating a substance on a spoon and inhaling the smoke through a glass tube. Porter radioed Saunders, at which point Saunders activated his lights, stopped the Toyota, and subsequently arrested the defendant. During the arrest, Saunders seized $1,380 in cash from the defendant’s pants pocket. The defendant was the only occupant of the Toyota, which was towed to the State police barracks. The defendant was placed in a holding cell at the State police barracks, and was given Miranda warnings.

A drug detection canine was brought in and “got all excited” while sniffing the exterior of the Toyota’s front passenger door, an indication that there were narcotics inside. The trooper who handled the canine testified that narcotics detection canines are trained to detect the odors of “marijuana, cocaine, heroin, and methamphetamine. ”

Lieutenant Dennis L. Brooks of the State police told the defendant that a narcotics canine had alerted to the scent of narcotics in the vehicle, and that police suspected it contained a “hide.” According to Brooks, “I asked him if he would have any information because the car wasn’t registered to him, and I don’t like to destroy people’s property based on an alert from the dog if there’s a reason — if I could find the hide.” The [570]*570defendant informed Brooks that there was an electronically activated “hide” in the vehicle and described the series of steps required to open it. The troopers discovered twenty plastic bags containing what appeared to be cocaine in the “hide” under the front passenger seat. Brooks testified that the defendant told police he recently had begun selling cocaine because he had been injured in a car accident, was not working, and had credit card debts.

Detective James Hyde of the Somerville police department, who testified as an expert in the field of narcotics investigation, stated that cocaine is often sold as an “eight ball,” that is, one-eighth of an ounce (approximately 3.5 grams). Hyde examined the small bag recovered from the buyer and the bags recovered from the defendant’s vehicle and opined that they appeared to contain powder cocaine.

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

Related

Commonwealth v. Malik Cannon.
Massachusetts Appeals Court, 2024
Commonwealth v. Privette
Massachusetts Supreme Judicial Court, 2023
COMMONWEALTH v. DAVID PRIVETTE.
100 Mass. App. Ct. 222 (Massachusetts Appeals Court, 2021)
Commonwealth v. Kearse
Massachusetts Appeals Court, 2020
Commonwealth v. Shane S., a juvenile
Massachusetts Appeals Court, 2017
Commonwealth v. Francis
54 N.E.3d 485 (Massachusetts Supreme Judicial Court, 2016)
Commonwealth v. Grady
54 N.E.3d 22 (Massachusetts Supreme Judicial Court, 2016)
Commonwealth v. Occhiuto
88 Mass. App. Ct. 489 (Massachusetts Appeals Court, 2015)
Jeremy Ryan v. State of Indiana (mem. dec.)
Indiana Court of Appeals, 2015
Connolly v. Roden
752 F.3d 505 (First Circuit, 2014)
United States v. Williams
23 F. Supp. 3d 46 (D. Massachusetts, 2014)
Commonwealth v. Crapps
997 N.E.2d 444 (Massachusetts Appeals Court, 2013)
Commonwealth v. Larkin
31 Mass. L. Rptr. 498 (Massachusetts Superior Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
984 N.E.2d 793, 464 Mass. 566, 2013 WL 951128, 2013 Mass. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-montoya-mass-2013.