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Com. v. DiGeronimo7/13/1995
Practice, Criminal, Assistance of counsel. Search and Seizure, Exigent circumstances, Emergency. Constitutional Law, Search and seizure. Intoxication. Motor Vehicle, Operating under the influence.
LAURENCE, J. The underlying issue in this case is the validity of a warrant less police entry into the private residence of a suspected drunk driver who had recently caused an accident. As a result of that entry, the police obtained overwhelmingly incriminating evidence that led to the conviction of Vincent DiGeronimo for operating his vehicle under the influence of intoxicating liquor.
Background facts. In Leominster on St. Patrick's Day evening, 1993, snow and misty rain covered the roads in a dark sheen of ice. At approximately 10:30 P.M., DiGeronimo was operating his four-wheel drive Jeep Wagoneer on North Street. He was bringing a corned beef sandwich from Donnelly's Tavern to his invalid mother, whom he had been visiting. At the tavern, he had ordered at least two beers as he waited for the food to be prepared. While traveling at an excessive rate of speed, DiGeronimo rammed the rear of a vehicle being driven by Paul Eagan. Eagan had stopped at the bottom of a hill on North Street because of difficulties that cars ahead of him were having negotiating the slippery incline. The impact of the collision broke Eagan's seat and pushed his car more than thirty feet up the hill, spinning it around and dumping Eagan into his rear seat.
Neither driver was physically injured. Eagan's car was, however, inoperable. DiGeronimo got out of his car and staggered toward Eagan's car. (At trial, DiGeronimo attributed his difficulty walking to the icy conditions.) Eagan observed that DiGeronimo was unsteady on his feet, nervous, and agitated in an angry manner. DiGeronimo was also speaking in so slurred a fashion that Eagan could not understand him. Eagan quickly concluded that DiGeronimo was drunk. Two passersby said that they would notify the police. Eagan then noticed DiGeronimo getting back into his car and driving off without turning on his headlights. (DiGeronimo testified that they had been broken as a result of the collision.) Eagan took down the vehicle's license plate number.
DiGeronimo drove to his apartment, which was in a building only a short distance away. His car's crumpled front fender had by this time so gouged his tire that he could no longer move the vehicle. From his apartment, he telephoned the police station to report the accident. During the conversation, DiGeronimo used obscenities, and his speech was slurred. He then waited in his apartment because he thought the police might be coming to question him. After a while, he ate the corned beef sandwich, drank (so he testified) one or two glasses of wine, turned on the television, and fell asleep in a chair in front of the television set.
Meanwhile, a police cruiser had arrived at the accident scene. It was followed, at approximately 10:45 P.M., by uniformed Leominster police officer Deshod (or Ducharm -- the record is inconsistent), who had received a radio report of the accident. After observing the scene and speaking with Eagan (who opined that the driver who had rear-ended him had been drunk), Deshod called the police station to "run" the license plate of the other car, which Eagan had given him. Deshod was soon informed of DiGeronimo's ownership of the suspect vehicle and nearby address. He remained at the scene for approximately fifty minutes until the road, which was still slippery, was salted, and Eagan's car was towed. At this point (so the Judge found), the officer had probable cause to believe DiGeronimo had been operating a motor vehicle under the influence of alcohol.
At ap
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