Commonwealth v. Obiora
Commonwealth v. Obiora
Opinion of the Court
At issue in this appeal is the propriety of a warrant-less search of a motor vehicle following a roadside stop. The
Background..
In an effort to reconcile the discrepancy between the first name the rear passenger had given for himself (Samuel) and the name the defendant had provided for him (Antoine), Trooper Mansi asked the rear passenger (to whom we shall refer by the surname he provided, Jean) to step out of the vehicle. She instructed the vehicle’s other two occupants to keep their hands
Discussion. 1. Motion to suppress. The excessive speed at which the vehicle was traveling justified Trooper Mansi’s decision to stop it, and the defendant does not contend otherwise. Moreover, Trooper Mansi’s observation that the three occupants of the vehicle were not wearing seat belts supported a conclusion that all three had committed civil infractions.
As the motion judge recognized, once Jean provided the trooper with a different first name than the one that the defendant had given for him, Trooper Mansi had reason to question the ac
As the Supreme Judicial Court recently observed in Commonwealth v. Cruz, 459 Mass. 459, 466-467 (2011), there are three bases upon which an exit order issued to a passenger in a validly stopped vehicle may be justified: (i) an objectively reasonable concern for safety of the officer, (ii) reasonable suspicion that the passenger is engaged in criminal activity, and (iii) “pragmatic reasons.” As to the first, “it does not take much for a police officer to establish a reasonable basis to justify an exit order or search based on safety concerns.” Commonwealth v. Gonsalves, 429 Mass. 658, 664 (1999). The test is an objective one, taking into consideration the totality of the circumstances. Id. at 665. In the circumstances of the present case, the trooper was outnumbered, three to one, late at night. Moreover, as we have observed, neither of the passengers produced proof of identification in response to Trooper Mansi’s request, and the information they furnished concerning Jean’s identity was inconsistent. Compare Commonwealth v. Brown, 75 Mass. App. Ct. 528, 536 (2009). The trooper justifiably could suspect that Jean had furnished false information concerning his identity in order to evade detection of outstanding warrants, or for other untoward reasons. See, e.g., Commonwealth v. Portee, 82 Mass. App. Ct. 829, 830 n.3 (2012). Viewed in the totality of the circumstances, a lone officer, late at night, having detained three persons and received false identification information from one of them, is justified in developing “a heightened awareness of danger that would warrant an objectively reason
Trooper Mansi’s further actions following the exit order to Jean were likewise measured and incrementally appropriate responses to the situation as it evolved. Mansi’s directive to the defendant and the driver that both keep their hands on the dashboard was justified in light of the inherent risks we have observed. Once the defendant disobeyed that directive and began “shuffling” about in the area by his feet, the trooper’s concern that the defendant might be reaching for a weapon was entirely reasonable, and her subsequent order directing the defendant and the driver to exit the vehicle, and her search of the vehicle for weapons in the vicinity of the defendant’s movements, were plainly justified. There accordingly was no error in the judge’s order denying the defendant’s motion to suppress.
2. Sufficiency of the evidence. The defendant separately argues that there was insufficient evidence at trial that he had actual or constructive possession of the gun and ammunition. Viewing
Judgments affirmed.
Our summary of the facts is drawn from the motion judge’s findings, supplemented by the testimony of Trooper Mansi, the only witness at the suppression hearing, which the motion judge expressly credited in full. The evidence adduced at trial was not materially different.
See generally G. L. c. 90, § 13A, inserted by St. 1993, c. 387, § 1 (establishing a twenty-five dollar fine for riding in a private passenger vehicle without a safety belt).
The defendant’s reliance on Commonwealth v. Torres, 424 Mass. 153, 159-163 (1997), and cases cited, for the proposition that Trooper Mansi improperly prolonged a routine traffic stop once the driver produced a valid license and registration is accordingly misplaced.
The defendant does not challenge the particular manner in which the trooper asked the passengers to write down their names.
Our view of the case does not require us to consider or adopt the Commonwealth’s suggestion that Trooper Mansi’s request that Jean “step from the vehicle” did not constitute an exit “order.” But see Commonwealth v. Washington, 449 Mass. 476, 479 n.3 (2007), citing Commonwealth v. Torres, 424 Mass. 153, 158 (1997) (“[W]e doubt that the defendants, who were not free to leave at this point, would have felt free to refuse the trooper’s request”).
In a similar vein, the receipt of false identity information concerning Jean could give rise to reasonable suspicion that he was attempting to evade detection of an outstanding criminal warrant, making it reasonable and appropriate for the trooper to conduct further inquiry of him in a location removed from the others. Our view of the case does not require us to consider the nature or scope of “pragmatic reasons,” independent of any concern for officer safety or suspicion of criminal activity, that might suffice to justify an exit order under the third category described in Commonwealth v. Cruz, 459 Mass. at 466-467. Likewise, we need not consider whether the defendant’s disobedience of the reasonable order to keep his hands on the dashboard was an independent intervening action that “broke the chain of causation and dissipated the taint of [any] prior illegality.” Commonwealth v. King, 389 Mass. 233, 245 (1983). Finally, we need not consider whether the defendant, who plainly had standing to challenge his own detention and the search of the vehicle, see Commonwealth v. Amendola, 406 Mass. 592, 601 (1990), also had standing to challenge the propriety of the exit order issued to Jean. Compare Commonwealth v. Gonsalves, 429 Mass, at 663 (describing the interests implicated by an exit order in terms of personal intrusion). See generally Commonwealth v. Garcia, 34 Mass. App. Ct. 386, 389-390 (1993).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.