Commonwealth v. Fernandez
Commonwealth v. Fernandez
Opinion of the Court
A Superior Court jury convicted the defendant of trafficking in opium in an amount exceeding thirty-six grams. On appeal, the defendant challenges the denial of his pretrial motion to suppress evidence and the sufficiency of the evidence supporting his conviction. We affirm.
1. Motion to suppress. We summarize the pertinent facts from the motion judge's findings on the motion to suppress, supplemented where appropriate by uncontroverted suppression hearing testimony that he explicitly or implicitly credited. See Commonwealth v. Jones-Pannell,
Later that day, a police officer in plain clothes drove the informant to the meeting location on Lake Street in Haverhill. They stopped on the side of the road. As the officer got out of the car to switch seats with the informant, a Ford Explorer SUV slowly approached heading north on Lake Street. The Explorer slowed as it passed the unmarked vehicle, but then drove away. The informant confirmed to the officer that the driver was Eddie. The undercover officer communicated to other officers by radio that he had "been made" and requested that they "take down" the Explorer. Meanwhile, the Explorer turned around and headed south on Lake Street.
Another police officer activated his overhead lights and pursued the Explorer for two-thirds of one mile. Other marked police cars followed. During the pursuit, the Explorer passed several other vehicles, crossed a double yellow dividing line, and ran a flashing red light. Eventually, the Explorer pulled over on Broadway. The driver, later identified as the defendant, Eduardo Fernandez, was immediately arrested. A warrantless search of the Explorer resulted in the seizure of a pill bottle bearing a prescription in the defendant's name and containing seventy Percocet pills, a Percocet pill under the driver's seat, two cellular telephones, a notebook, and more than $21,000 in cash.
The defendant claims his motion to suppress should have been allowed because the police did not have probable cause to arrest him. We accept the motion judge's factual findings unless they are clearly erroneous. Jones-Pannell,
"[P]robable cause exists where, at the moment of arrest, the facts and circumstances within the knowledge of the police are enough to warrant a prudent person in believing that the individual arrested has committed or was committing an offense." Commonwealth v. Santaliz,
The defendant concedes that the basis of knowledge test was satisfied, but argues that the Commonwealth failed to establish the informant's veracity. We disagree. First, the informant was in custody and was not anonymous. "Although police knowledge of an informant's 'identity' and 'whereabouts' would not be adequate standing alone to confirm the informant's reliability, it is a factor that weighs in favor of reliability." Commonwealth v. Alfonso A.,
Considering this whole silent movie in a practical and nontechnical way through the eyes of an experienced narcotics investigator, there was probable cause to believe that the defendant's arrival at the prearranged meeting location was for the purpose of selling Percocet. That the defendant was a source of Percocet was not simply reported to the police by the informant: it was confirmed by a monitored telephone call in which the defendant agreed to meet for the purpose of delivering Percocet at a particular time and place. The defendant's actions in slowing but then driving away from the informant's vehicle when he observed a second, unanticipated person added to the probable cause to arrest. Because the police had probable cause to believe the defendant was in possession of Percocet, the search of the defendant's vehicle was permissible incident to his arrest, see Commonwealth v. Blevines,
2. Sufficiency of the evidence. In addition to evidence consistent with that presented at the motion hearing, the Commonwealth presented the following evidence at trial, which we consider in the light most favorable to the Commonwealth. See Commonwealth v. Rivera,
On December 30, 2011, the day after the defendant's arrest, a citizen whose residence at 1001 Broadway was along the defendant's flight path, found 208 fifteen-milligram oxycodone pills weighing 20.01 grams in a plastic bag in her front yard, and gave them to the police. Police returned to the area on January 2, 2012, to look for additional evidence. They found a plastic bag on the grass next to a large rock at 997 Broadway, also along the defendant's flight path and about twenty-nine feet from the road. The bag contained three smaller bags that, in turn, contained 124 thirty-milligram oxycodone pills, twenty-six thirty-milligram oxycodone pills, and 300 fifteen-milligram oxycodone pills, all of which had a combined weight of 45.83 grams.
The defendant claims the trial judge erred when he denied the defendant's motion for a required finding of not guilty because the evidence was insufficient to establish that the defendant possessed the Percocet pills found along his flight path in the days following his arrest. Specifically, the defendant argues that, absent police observation of the defendant throwing drugs from his vehicle or forensic evidence linking him to the bags of contraband, the jury were left to speculate regarding the defendant's possession of the drugs found along Broadway. We disagree.
To sustain a conviction of drug trafficking, the Commonwealth must present evidence sufficient to establish that the defendant possessed the drugs. Commonwealth v. Hernandez,
Here, there was ample evidence from which the jury could have inferred the defendant's possession. First, the defendant had agreed to sell twenty fifteen-milligram Percocet pills to the informant and possessed seventy such pills (fourteen more than were prescribed) at the time of his arrest. A combined total of more than 500 Percocet pills of the same size and strength were found the next day and four days later, discarded on the same side of Broadway along the defendant's flight path. From the evidence presented, the jury could reasonably infer that the defendant fled because he knew that he possessed Percocet, and that he discarded it as he fled. See Commonwealth v. Morris,
Finally, the jury heard expert testimony that the use of multiple cellular telephones, rental cars, and drug ledgers, all of which the defendant possessed, were indicia of drug distribution. From this evidence, considered together with the $21,000 in cash the defendant possessed at the time of his arrest, a rational jury could infer that the defendant had a sophisticated and profitable drug business. Considering all of this evidence in the light most favorable to the prosecution, a rational jury could conclude beyond a reasonable doubt that the defendant possessed not just the Percocet pills seized from his vehicle, but also the two bags of Percocet pills found on the side of the road.
Judgment affirmed.
The Explorer later was discovered to be a rental vehicle.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.