Commonwealth v. Petros

20 Mass. L. Rptr. 664
CourtMassachusetts Superior Court
DecidedFebruary 6, 2006
DocketNo. 0514
StatusPublished

This text of 20 Mass. L. Rptr. 664 (Commonwealth v. Petros) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Petros, 20 Mass. L. Rptr. 664 (Mass. Ct. App. 2006).

Opinion

Fabricant, Judith, J.

INTRODUCTION

The defendants are charged with trafficking in cocaine, based on evidence seized upon execution of a search warrant for the house they occupy together. Before the Court are the defendants’ motions to suppress the evidence seized. For the reasons that will be explained, the motions will be denied.

BACKGROUND

The search warrant, issued by the Wrentham District Court on October 8, 2004, authorized police to search for cocaine, marijuana, related paraphernalia and records, and evidence of sales of such materials, at 4 Highland Lake Drive in Walpole, and “on the person or in the possession” of Petros and Piacentini, identified by name, as well as any person present “who may be found to have such properly in his or her possession or under his or her control or to whom such property may have been delivered.”

The affidavit in support of the warrant was submitted by Walpole Police Officer William Bausch. The affidavit, dated October 18, 2004, reported information from five confidential informants, each identified by a pseudonym but whose identify police knew, along with additional information derived from police investigation, as follows. “Jeny,” the affidavit recites, had given the officer “information in the past that has lead to two arrests and the seizure of cocaine,” resulting in court cases “presently pending.” Jerry provided his information in a conversation “[djuring the summer of 2004.” Jerry reported that “there are” two men in Walpole selling cocaine, living together on Highland Lake Avenue, known to Jerry as Paul and Alee, and [665]*665that he would not go to their house, but rather that “his friend would make a phone call and they would go to a location in Walpole where they would meet either Paul or Alee” and would then purchase crack or cocaine. Jerry identified the friend, a person known to Officer Bausch, and described Paul as “handicapped with his legs.” Jerry reported that his friend was the source of the information that the men lived on Highland Lake Avenue.

“George” also provided information “(d]uring the Summer of 2004.” George had in the past given Bausch information “that has lead to the arrest of a person that sold cocaine to me while working undercover,” giving rise to a pending case. George reported that he “was able to go with a friend to Walpole and purchase cocaine from a man named Paul,” and that “his friend would make a phone call and they would drive to a location where they would meet Paul.” George did not know where Paul lived, but did report that Paul was handicapped. George identified his friend, who was a person known to Bausch, not the same person as Jerry’s friend. Sometime later, George provided a last name for Paul — "Petrose"—and also indicated that Paul lived with a man named “Pecatenie.” George attributed that information to a person he named, who was not known to Bausch.

“Elaine” provided information to Wrentham Detective O’Connell, who passed that information on to Bausch during the summer of 2004. Elaine had previously given Bausch and O’Connell the location of a person for whom an arrest warrant was outstanding for selling cocaine. Elaine reported that “she went to a house in Walpole and purchased cocaine from a man named Paul.” She gave the address as 4 Highland Lake Avenue, and also gave the registration number for Paul’s car as 5220VD. That registration number, according to Bausch’s affidavit, corresponds to a vehicle owned by Paul Petros, with an address in Westwood, and a Board of Probation record showing 51 arraignments, nine of which involve controlled substance violations.

Through investigation of Town of Walpole records, Bausch learned that Alan Piacentini lived at 4 Highland Lake Drive in Walpole, and that his Board of Probation record reflected twenty arraignments, two for controlled substance violations. Bausch obtained photographs of Petros and Piacentini, and showed them to Jerry, who identified Petros as the person he had referred to as Paul, and Piacentini as the person he had referred to as Alee.

In September 2004, Bausch spoke with another confidential informant, “Kramer.” Kramer had previously provided information that “leads to the arrest of four cocaine dealers” whose cases were pending. Kramer reported having purchased cocaine from a man named Paul who lived on Highland Lake Drive, who “is handicapped and has trouble getting around,” and who “lives with a guy named Alee,” from whom Kramer had made purchases. Kramer reported that “if Paul does not want him to come to the house he sends Alee to meet him somewhere.” Kramer also reported that he “has seen cocaine and marijuana inside the house on Highland Lake Drive. Shown photographs of Petros and Piacentini, Kramer identified them as the individuals he referred to as Paul and Alee.

Bausch and O’Connell conducted surveillance of the house at 4 Highland Lake Drive in August, September and October 2004. The street is short, with little foot or vehicle traffic. During surveillance, the officers saw nineteen different vehicles go to the house. “Many times,” according to the affidavit, a person would “go into the house and then come back out and leave after only a few minutes.” The officers checked Board of Probation records on the registered owners of two vehicles that visited the house several times in this period; both included entries for controlled substance charges, resolved by means of continuance without a finding.

In August 2004, Bausch spoke with another informant, “Newman.” Newman had previously given Bausch information leading to three arrests for cocaine distribution, one of which resulted in an admission to sufficient facts; the other two remained pending. Newman related that he would given money to a named friend — the same friend named by George — and that the friend would purchase cocaine for him, indicating that it came from a man named Paul at a house in Walpole.

On August 26, 2004, Bausch went through the trash left outside 4 Highland Lade Drive. He found marijuana stems, a marijuana seed, a burnt marijuana roach, and two used hypodermic needles. He also found fifteen baggie knots and sixteen torn open baggies, a small straw tube fashioned from a Bic pen, a broken burnt test tube, two lighters, razor blades, and eighteen pieces of burnt tin foil. The affidavit set forth information regarding the significance of these items in drug distribution and usage, based on Bausch’s training and experience: a straw tube may be used to snort cocaine; tin foil may be used to make a pipe for smoking crack, which is made by cooking cocaine; baggies are used to package cocaine for sale, with the bag tied off by a knot.

On September 10, 2004, Bausch again went through the trash left outside the house. He found a baggie with marijuana residue, marijuana stems, a marijuana roach, and a “blunt rapper,” which he indicated is used to smoke marijuana mixed with cigar tobacco. He also found twenty baggie knots, seventeen torn baggies, six pieces of burnt tin foil, two pieces of broken burnt test tube, a box of baking soda, and three hypodermic needles. Baking soda, he reported, can be mixed with cocaine to make crack. Also found in the trash were papers bearing Petros’s name, among them prescription vials and mail from medical providers, and other papers bearing Piacentini’s name, as well as [666]*666mail with the names of three persons whom the police had connected to the house.

Detective O’Connell went through trash outside the house on October 15, 2004.

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Bluebook (online)
20 Mass. L. Rptr. 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-petros-masssuperct-2006.