Commonwealth v. Briand
Commonwealth v. Briand
Opinion of the Court
This is an interlocutory appeal by the Commonwealth authorized by a single justice of the Supreme Judicial Court pursuant to Mass.R.Crim.P. 15(a)(2), as appearing in 422 Mass. 1501 (1996), following the allowance of the defendants’ motions to suppress evidence obtained by the Massachusetts Environmental Police. We reverse.
Ziemba testified that the cruiser did not block the truck in any way and that the driver could pull around the cmiser very easily.
In his memorandum and order, the judge distinguished Commonwealth v. Leonard, 422 Mass. 504, cert. denied, 519 U.S. 877 (1996), and noted that the case was closer to Commonwealth v. Smigliano, 427 Mass. 490 (1998), as there were here no facts to indicate that the defendants needed assistance. He found that “the totality of the circumstances clearly suggest the defendant[s were] not free to ignore the . . . inquiry,” and ruled that
“a seizure occurred when Ziemba pulled up closely to the*162 defendants] and activated his cruiser’s take down lights onto the defendants] .... The fact that the lights in Smigliano were blue and here they were white is a classic case of a distinction without a difference.”
Since the Commonwealth had produced no facts that rose to the level of reasonable suspicion prior to the activation of the lights, the judge allowed the motions to suppress.
A review of the cases in Massachusetts and elsewhere indicates that there is, however, a difference between lights used for illumination and blue lights, flashers, or sirens.
In this case, Ziemba did not block the defendant’s truck, use blue lights, flashers, or sirens, display a weapon, or use threatening words or tone or other commanding authority such that “a reasonable person would have believed that he was not free to leave.”
Cases elsewhere indicate that the use of artificial light, without more, does not effect a seizure. For a collection of cases, involving mostly spotlights, permitting such use and finding no seizure, see Campbell v. State, 841 N.E.2d 624, 628 (Ind. Ct. App. 2006). See generally 1 LaFave, Search and Seizure § 2.2(b), at 461 (4th ed. 2004).
The order allowing the motion to suppress is reversed and the matter is remanded to the District Court for further proceedings.
So ordered.
In a case certifying a question (not relevant to this appeal) from the United States Court of Appeals for the First Circuit, Horta v. Sullivan, 4 F.3d 2, 6 n.4 (1st Cir. 1993), the Supreme Judicial Court, in quoting from the First Circuit decision, included a description of “take down lights” as “small white lights affixed to the roof of the police cruiser and located in between two sets of flashing blue lights.” Horta v. Sullivan, 418 Mass. 615, 618 n.6 (1994).
The defendants’ affidavits stated that the cruiser blocked their truck. The affidavits, however, were not introduced into evidence and the motion judge, in discussion with counsel, indicated that they had no evidentiary value. Counsel for Briand indicated that he understood.
In Commonwealth v. Evans, 436 Mass. 369, 372-373 (2002), the Supreme Judicial Court held that the use of blue lights did not effect a seizure where the police were engaged in a community caretaking function.
There was no seizure before Ziemba ordered the defendants to place their hands on the dashboard. At that time, because of the smell of marijuana, he had probable cause to arrest them.
In Commonwealth v. Cavanaugh, 366 Mass. at 281, the court quoted from Dorsey v. United States, 372 F.2d 928, 931 (D.C. Cir. 1967), “If policemen are to serve any purpose of detecting and preventing crime by being out on the streets at all, they must be able to take a closer look at challenging situations as they encounter them.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.