New England Internet Café, LLC v. Clerk of the Superior Court for Criminal Business

462 Mass. 76
CourtMassachusetts Supreme Judicial Court
DecidedApril 25, 2012
StatusPublished
Cited by16 cases

This text of 462 Mass. 76 (New England Internet Café, LLC v. Clerk of the Superior Court for Criminal Business) 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
New England Internet Café, LLC v. Clerk of the Superior Court for Criminal Business, 462 Mass. 76 (Mass. 2012).

Opinion

Cordy, J.

The clerk of the Superior Court for Criminal Business in Suffolk County and the Attorney General (together, Commonwealth) seek relief from an order of a Superior Court judge unsealing affidavits underlying seven search warrants executed against New England Internet Café, LLC; Ronald Sevigny; Leo Pelletier; Linda Pelletier; and Donald Greenidge (plaintiffs) during the course of a Statewide investigation into online gambling conducted at “Internet cafés.” The materials had been sealed and impounded at the time the warrants were issued, and the plaintiffs had not been indicted either at the time they instituted this litigation to gain access to those materials or when the order unsealing the affidavits was issued.3

The plaintiffs initially sought access to the search warrant materials by filing a motion with the judge who had authorized the warrants. Relying on the procedure set forth in Republican Co. v. Appeals Court, 442 Mass. 218, 227 n.14 (2004) (Republican Co.), the judge dismissed the motion “without prejudice” and directed the plaintiffs to file a civil action in the Superior Court. Thereafter, the plaintiffs filed the present action, and were granted relief when the Superior Court judge assigned to the case allowed their emergency motion to modify or terminate [78]*78the impoundment order, with particular reference to the plaintiffs’ due process rights, and the rights guaranteed by the First, Fourth, and Sixth Amendments to the United States Constitution.

The Commonwealth sought review of this order in the Appeals Court, and we transferred the Commonwealth’s appeal to this court on our own motion.

On appeal, the Commonwealth challenges the process through which the order lifting the impoundment was issued, as well as the judge’s balancing of the respective interests of the parties in considering whether there was good cause to continue the im-poundment. Of particular significance, the Commonwealth contends that the plaintiffs, whose properties were the targets of the search warrants, have no Fourth Amendment right of access to the affidavits supporting the warrants during the preindictment phase of an ongoing criminal investigation.4 While we agree with the Commonwealth that the plaintiffs do not have a Fourth Amendment right per se to access such materials, we nonetheless conclude that interests protected by the Fourth Amendment are properly considered under the “good cause” standard for impounding judicial records, and that the judge did not abuse his discretion or commit any other error of law in weighing those interests in this case. As we see no merit in the Commonwealth’s other arguments, we affirm.

Background. The genesis of this case lies in the Attorney General’s well-publicized effort to curb the proliferation — and secure the regulation — of online gambling at Internet cafés. At these establishments, also called “cyber cafés,” the proprietors sell customers timed access to computer terminals with, as the name suggests, Internet capabilities. They also may offer the opportunity to win prizes through “video slot machines” or similar computer games. While the proprietors contend that [79]*79such gaming involves legitimate sweepstakes offers, the Attorney General has stated her unequivocal position that it constitutes illegal gambling.5

1. The search warrants. In this context, State and local police officers sought search warrants for the premises and bank accounts of the plaintiffs, who operate certain Internet cafés in Fall River and Fairhaven that the Attorney General suspected were “fronts for illegal gaming.” The warrants specifically referenced Massachusetts criminal statutes concerning illegal gaming, G. L. c. 271, §§ 1-7, and authorized the search of two commercial properties operated by New England Internet Café, a van registered to Leo Pelletier, and the records of accounts the plaintiffs maintained at four bank locations. On a motion of the Commonwealth at the time the warrants were sought, the judge contemporaneously sealed and impounded each warrant, as well as its accompanying application and affidavit, and any prospective return. See G. L. c. 276, § 3A.

The warrants were lawfully executed on or about March 31, 2011. Pursuant to these warrants, State and local police officers seized computers and related equipment, records, and other miscellaneous items from the plaintiffs’ commercial properties, and caused the freezing of at least six different bank accounts, with balances totaling approximately $109,000. According to the plaintiffs, these actions resulted in the “indefinite shutdown” of their Internet cafés.

The plaintiffs were provided with copies of the warrants; however, the warrant applications, affidavits, and subsequent returns remained under seal. Several weeks later, when no indictments had been forthcoming, the plaintiffs filed a stand-alone motion in the first criminal session of the Suffolk Superior [80]*80Court, requesting access to the impounded warrant materials. The motion was referred to the judge who had authorized the warrants. She conducted a hearing with the parties, received legal memoranda from them, and reviewed in camera an affidavit submitted by an assistant attorney general involved in the case, which detailed the alleged need for continued impoundment.

In an order issued on May 13, 2011, the judge explained that, while the “[mjovants’ presentation is persuasive,” and she initially had indicated she would hear and decide the motion, she had since concluded that “such a course was unwise” in light of our ruling in Republican Co., supra at 227 n.14. As the judge explained, that case instructs nonparties seeking relief from an order of impoundment, where there are no ongoing proceedings, to initiate a civil action in the court that issued the order. Because the plaintiffs (then the “movants”) did not follow this procedure, the judge took “no action” on the merits of the motion and dismissed it “without prejudice to filing a civil action in [the Superior Court]” (emphasis in original). Near the end of the order, the judge briefly posited that the Commonwealth had “established good cause under the First Amendment to maintain the impoundment order previously entered.”

2. The plaintiffs’ civil action. On May 24, 2011, the plaintiffs filed the civil action contemplated in the judge’s order, naming as defendants the clerk of the Superior Court for criminal business in Suffolk County and the Attorney General. Along with their complaint, the plaintiffs filed an emergency motion to modify or terminate the impoundment order and a motion for short order of notice. The plaintiffs requested, and were granted, a hearing date of June 3, 2011.

The Commonwealth opposed the plaintiffs’ emergency motion and moved to continue the hearing, arguing that the plaintiffs sought “a form of relief that [the] [c]ourt found unwarranted just eleven days before [the] action was commenced.” It further asserted that “[t]here is no sufficient justification for the [pjlaintiffs to have this renewed request for relief from impoundment heard in the time frame they seek,” and asked the judge for a “full and fair opportunity ... to prepare [a] motion to dismiss.” The judge assigned to the civil action (who was not [81]

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

Related

Shannon O' Brien v. Deborah Goldberg
Massachusetts Superior Court, 2025
Care and Protection of Adele
Massachusetts Supreme Judicial Court, 2025
Commonwealth v. Walter E. Tuvell.
Massachusetts Appeals Court, 2024
Tenney Place I, LLC v. Jamila Flanders.
Massachusetts Appeals Court, 2024
Commonwealth v. J.F.
Massachusetts Supreme Judicial Court, 2023
Commonwealth v. Chism
65 N.E.3d 1171 (Massachusetts Supreme Judicial Court, 2017)
Sanders v. Phoenix Insurance Company
843 F.3d 37 (First Circuit, 2016)
Commonwealth v. Pon
14 N.E.3d 182 (Massachusetts Supreme Judicial Court, 2014)
Commonwealth v. Winfield
985 N.E.2d 86 (Massachusetts Supreme Judicial Court, 2013)
Commonwealth v. Winter
30 Mass. L. Rptr. 616 (Massachusetts Superior Court, 2012)
Commonwealth v. George W. Prescott Publishing Co.
463 Mass. 258 (Massachusetts Supreme Judicial Court, 2012)
In re the Enforcement of a Subpoena
972 N.E.2d 1022 (Massachusetts Supreme Judicial Court, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
462 Mass. 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-england-internet-cafe-llc-v-clerk-of-the-superior-court-for-criminal-mass-2012.