Commonwealth v. Vazquez

910 N.E.2d 952, 74 Mass. App. Ct. 920, 2009 Mass. App. LEXIS 1054
CourtMassachusetts Appeals Court
DecidedAugust 5, 2009
DocketNo. 08-P-1628
StatusPublished

This text of 910 N.E.2d 952 (Commonwealth v. Vazquez) 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. Vazquez, 910 N.E.2d 952, 74 Mass. App. Ct. 920, 2009 Mass. App. LEXIS 1054 (Mass. Ct. App. 2009).

Opinion

Only minutes after a violent assault, a police officer learned that the defendant, [921]*921while watching the victim being severely beaten, whistled and shouted to the assailant to stop when a bystander approached. The motion judge, finding that this information dispelled reasonable suspicion that the defendant was involved in the assault, granted the defendant’s motion to suppress.1 The Commonwealth appeals. We reverse.

Facts. We summarize the facts found by the judge at the hearing on the motion to suppress, which we have supplemented with other uncontested testimony from that hearing. See Commonwealth v. Gomes, 453 Mass. 506, 507 (2009).

Shortly after midnight on April 21, 2007, Lawrence police Officers Carl Trombly and Robert Michaud responded within twenty to thirty seconds to a call reporting “a man being jumped” at the corner of Jackson and Oak Streets. As they approached the intersection in a marked cruiser, a man on a cellular telephone, Cesar Lebrón, flagged them down and pointed north on Jackson Street stating, “There he is, the one with the sports jersey. That’s him.” The police continued in their cruiser down Jackson Street in the direction that Leb-rón indicated.

About two blocks north on Jackson Street, Officer Trombly observed the defendant, Carlos Vazquez, in a sports jersey walking north. He recognized the defendant from a party the officers had broken up about an hour earlier, wherein six or seven other people had been arrested. The officers pulled up alongside the defendant and stepped out of the cruiser. Officer Trombly approached the defendant and asked him about a fight on Jackson and Oak. The defendant replied that he had “witnessed” and “watched” a fight. During this exchange, the defendant put his hand in his right front pocket, and Officer Trombly asked him to remove it. The defendant complied.

During this same time, Officer Chad Lawlor arrived at the comer of Jackson and Oak Streets and saw the victim lying on the ground, seriously injured. He immediately radioed for an ambulance and advanced life support. Hearing this request over his own radio, Officer Trombly became aware that the victim had been severely injured.

While Officer Trombly continued to question him, the defendant repeatedly looked over to the front door of the nearby Lawrence Country Club bar (LCC). The officer found this suspicious because no one was at the front door of the LCC and because the defendant could not focus on the officer’s questions. Based on his experience, Officer Trombly believed the defendant may have been looking for an escape route or for someone else to join him. The defendant also reached into his right front pocket two or three more times despite being instructed not to do so. Officer Trombly became concerned for his safety. He ordered the defendant to put his hands on the cmiser and asked him what was in his pocket, to which the defendant replied, “My chain.” He then patted down the defendant and felt the chain, which he did not remove because he knew it was not a weapon.

During this patfrisk, the defendant became argumentative and stood upright, taking his hands off the cmiser. Officer Trombly, becoming more concerned for his safety, handcuffed the defendant and transported him back to the comer of Jackson and Oak Streets in his cmiser.

[922]*922Up to this point, the motion judge found, and the defendant concedes, that the actions of the officer were permissible. What occurred next leads us to the crux of the matter.

Officer Trombly again spoke with Lebrón, who said that he had come upon a white, bald man kicking the victim in the head as the victim lay on the ground. Lebrón stated that when he (Lebrón) started walking toward the assailant, the defendant looked at him, then to the assailant. The defendant then whistled to the assailant and told him to stop. When Lebrón came closer, the assailant fled north on Jackson Street. The defendant also started to walk up Jackson Street at that point, in the same direction as the assailant.

With this information, Officer Trombly returned to the LCC to locate the assailant.2 There, a second witness, John Smoley, told him that the defendant and a white male had earlier followed an individual from the LCC toward the intersection of Jackson and Oak (where the beating occurred).

After Officer Trombly gained this information, the defendant was placed under arrest and driven to the police station by Officer Lawlor. On the way, the defendant asked why he was arrested, and Officer Lawlor replied that the arresting officers would speak to him at the station. The defendant then said that he was robbed and “[m]y boy got my chain back.” Officer Lawlor asked who his boy was, and the defendant replied, “I’m not going to say. I’ll go upstate before I give his name.” At the station, the defendant was booked, and a chain belonging to the victim was taken from his pocket.

The defendant successfully moved to suppress the chain and the statements made to Officer Lawlor. The motion judge found that while the initial detention of the defendant was lawful, reasonable suspicion dissipated when Officer Trombly heard Lebrón’s account of the facts. Without more, the judge reasoned, Officer Trombly could only have concluded that one man committed the crimes and was therefore required to release the defendant immediately. Consequently, the judge found the defendant’s continued detention unlawful and suppressed the chain and the statements the defendant made following his arrest.3

On appeal, the Commonwealth challenges the judge’s determination that reasonable suspicion dissipated after the officer spoke with Lebrón.4 We reverse.

Discussion. On review, we accept the judge’s findings of fact absent clear error and make an independent determination of the correctness of the judge’s application of constitutional principles to the facts as found. Commonwealth v. Gomes, 453 Mass. at 508-509.

[923]*923A police officer may detain someone during an investigation provided there is reasonable ground to suspect that the person has committed a crime. See Commonwealth v. Phillips, 452 Mass. 617, 626-627 (2008); Commonwealth v. Gomes, 453 Mass. at 510-511. Reasonable suspicion must be based on specific and articulable facts and reasonable inferences that follow from the officer’s experience. See Commonwealth v. Silva, 366 Mass. 402, 406 (1974); Commonwealth v. Grandison, 433 Mass. 135, 139 (2001); Commonwealth v. Isaiah I., 450 Mass. 818, 823 (2008). During an investigation, unfolding events are often interconnected and dynamic, requiring facts to be considered in totality when determining reasonable suspicion. See Commonwealth v. Thibeau, 384 Mass. 762, 763-764 (1981); Commonwealth v. Fletcher, 52 Mass. App. Ct. 166, 171 (2001). See also Commonwealth v. Gomes, 453 Mass. at 511, quoting from Commonwealth v. Watson, 430 Mass. 725, 729 (2000) (“Seemingly innocent activities taken together can give rise to reasonable suspicion justifying a threshold inquiry”).

Officers do not have to rule out all innocent explanations for the observations made before taking action, Commonwealth v. Isaiah I., 450 Mass. at 823, and reasonable suspicion can develop while the specifics of the criminal activity remain unknown.

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Bluebook (online)
910 N.E.2d 952, 74 Mass. App. Ct. 920, 2009 Mass. App. LEXIS 1054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-vazquez-massappct-2009.