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Commonwealth v. Rodriguez1/18/2000
Hampden.
September 13, 1999.
Constitutional Law, Search and seizure, Roadblock by police. Search and Seizure, Automobile, Roadblock by police. Controlled Substances.
Complaint received and sworn to in the Holyoke Division of the District Court Department on November 24, 1997.
A pretrial motion to suppress evidence was heard by Nancy Dusek-Gomez, J.
An application for an interlocutory appeal was allowed by Ireland, J., in the Supreme Judicial Court for the county of Suffolk, and the appeal was reported by him to the Appeals Court. The Supreme Judicial Court on its own initiative transferred the matter from the Appeals Court.
The Commonwealth appeals from an order suppressing evidence obtained from a seizure of the defendant's motor vehicle at a drug interdiction roadblock. At issue is whether the same policy concerns that make sobriety checkpoints reasonable and therefore constitutional also exist with respect to drug interdiction roadblocks. A District Court judge concluded that, under the Fourth Amendment to the United States Constitution and art. 14 of the Massachusetts Declaration of Rights, the roadblock was unconstitutional. A single justice of this court allowed the Commonwealth's application for an interlocutory appeal. See Mass. R. Crim. P. 15 (a) (2), as appearing in 422 Mass. 1501 (1996). After the case was entered in the Appeals Court, we transferred it here on our own motion. We conclude that art. 14 prohibits roadblocks to search for contraband such as drugs. We therefore affirm the order of the District Court judge.
1. Facts.
On the evening of November 21, 1997, State and local police established a temporary roadblock in Holyoke to detect and deter trafficking in illegal narcotics. The roadblock was set up in an area of the city that had a reputation as a high crime area. Official guidelines stated that the purposes of the roadblock were to confiscate illegal narcotics, to apprehend persons transporting illegal narcotics in motor vehicles, and to deter illegal narcotics trafficking. Fifty-eight vehicles were stopped at the roadblock. Approximately one of every four drivers was directed to the "pit" area for further questioning. The police made three arrests and issued two citations. The defendant, Hector Rodriguez, was the only person arrested for a narcotics offense.
After the defendant's vehicle, a Chevrolet Blazer, stopped at the roadblock, Officer Patrick Cadigan shone a flashlight through the window of the vehicle and observed an opened package of Philly Blunt cigars on the passenger seat. According to the Commonwealth, Cadigan knew from his training and experience that cigars are often used in smoking marijuana.
Cadigan told a second officer, Lieutenant Frederick Seklecki, what he had seen. Leaning his head through the window of the Blazer, Seklecki sniffed the interior. He smelled a "freshly smoked cigar type marijuana smell." Seklecki then sent the defendant to a "pit" area a short distance from the place of the stop. There, the police, after learning that the defendant's driver's license had been suspended, placed him under arrest for the traffic offense. Aided by a narcotics detection dog, the police searched the vehicle. They discovered two small ends of cigars containing marijuana. The defendant was charged with possessing a Class D substance and operating a motor vehicle with a suspended license.
The defendant filed a pretrial motion to suppress evidence seized during the roadblock. After an evidentiary hearing, the motion judge allowed the defendant's motion to suppress. The Commonwealth filed a timely notice of appeal.
2.
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