Commonwealth v. Manha
Commonwealth v. Manha
Opinion
**44
Here we address the authority of the police to stop and perform a
Terry
-type search of a motor vehicle after an anonymous
**45
911 caller reported that the driver of that vehicle threatened the caller, a fellow motorist, with a gun. The driver, defendant Anthony F. Manha, appeals from a conviction of assault with a dangerous weapon. The Appeals Court affirmed in an unpublished memorandum and order pursuant to its rule 1:28.
Commonwealth
v.
Manha
,
Background . We present the facts as found by the motion judge. On July 9, 2012, while on patrol, Trooper John Guest of the State police received a radio call of a then-ongoing 911 call from a motorist regarding a road rage incident. According to the 911 caller, an individual in another motor vehicle had pointed a gun at her as she traveled southbound on Route 93 in Boston. She described the gunman as a white male in his forties who was wearing glasses. She further provided a description of his vehicle, a gray Jeep Cherokee, along with its registration number, location, and direction of travel.
*673 Based on this information, Guest located the vehicle and followed it for a few miles (observing no traffic violations or other criminal activity) before signaling to the driver to stop. Guest and two other troopers who had since arrived drew their weapons and ordered the driver, the defendant, to get out of the vehicle. A patfrisk of the defendant's person revealed no weapons. The troopers placed the defendant in a police vehicle and performed a protective sweep of the Jeep. In the rear area of the vehicle they discovered a black case. Inside they found a pellet gun in the shape of a hand gun.
Discussion
. In our review of the denial of the defendant's motion to suppress, we accept the motion judge's factual findings unless clearly erroneous, and independently apply the law to those findings to determine whether actions of the police were constitutionally justified. See
Commonwealth
v.
Molina
,
**46
1.
Reasonable suspicion for stop
. To perform an investigatory stop of a vehicle, the police require "reasonable suspicion, based on specific, articulable facts and inferences therefrom, that an occupant ... had committed, was committing, or was about to commit a crime."
Commonwealth
v.
Anderson
,
Where an officer receives an order to stop a vehicle based on the information received via a police radio broadcast, the Commonwealth must show the particularity of the vehicle's description and indicia of reliability of the broadcast information.
Anderson
,
To determine whether the transmitted information provided by a 911 caller is sufficiently reliable to support reasonable suspicion, we apply the two-pronged
Aguilar
-
Spinelli
test; that is, we look to the caller's basis for knowledge as well as the veracity of the source of the information.
Depiero
,
In this case, the basis of knowledge test is satisfied where the 911 caller reported her firsthand observations (and was, in fact, the victim of the alleged assault). See
Anderson
,
Establishing the veracity prong where an anonymous 911 caller is involved is less straightforward, as no evidence regarding his or her past reliability or honesty typically will be available.
Anderson
,
supra
at 622,
For example, "[w]e have ... suggested that the reliability of citizen informants who are identifiable, but may not have been
**47
identified, is deserving of greater consideration than that of truly anonymous sources."
Commonwealth
v.
Costa
,
Even where a 911 telephone call is anonymous, the Commonwealth can still establish a caller's reliability "through independent corroboration by police observation or investigation of the details of the information provided by the caller" prior to the stop being initiated.
Anderson
,
Here, although the 911 caller testified at trial, she did not testify at the hearing on the motion to suppress, and there was no evidence provided regarding her identity or whether she knew that she was identifiable to police.
2
For this reason, we must treat the caller as anonymous for the purposes of the motion to suppress. Nevertheless, a combination of factors made the call reliable under the reasonable suspicion analysis. See
Depiero
,
First, the 911 caller was the alleged victim of the assault, and stayed on the line while the information was relayed to the trooper on patrol. A 911 caller who is willing to stay on the line after reporting a crime perpetrated against her is likely willing to
**48
be identified.
3
A caller who is making a false report is less likely to prolong his or her exposure to charges by remaining on the line with law enforcement. Cf.
Anderson
,
Finally, the caller reported that a fellow motorist pointed what appeared to be a firearm at her. "The gravity of the crime and the present danger of the circumstances may be considered in the reasonable suspicion calculus."
Depina
,
2. Seizure . The defendant argues that upon being stopped by the police, he was illegally arrested and, therefore, the pellet gun subsequently recovered should have been suppressed. This argument has no merit because the actions that the troopers took prior to discovering the pellet gun did not constitute an arrest. 4
Whether a stop is a seizure, requiring reasonable suspicion, or an arrest, requiring probable cause, depends upon the circumstances of each case. See
Commonwealth
v.
Willis
,
**49
Willis
,
supra
at 819,
In this case, Guest learned that a driver had pointed what appeared to be a firearm at another motorist while traveling on the highway. Upon observing a vehicle that matched the description he was given, he stopped the vehicle, and he, along with other State troopers, drew their weapons, ordered the man out of his automobile, and then placed him in a police vehicle.
Given the possible danger to themselves and to the public, each step the troopers took was a "reasonably prudent protective measure[ ]."
Edwards
,
3. Protective sweep . Finally, because the nature of the suspected crime constituted an imminent threat to the safety of the officers, the scope of the sweep of the defendant's vehicle was reasonable and constitutionally justified.
"It is settled ... that, in appropriate circumstances, a
Terry
type of search may extend into the interior of an automobile so long as it is limited in scope to a protective end."
Commonwealth
v.
Silva
,
In this case, the troopers had reason to believe not only that the defendant possessed a gun, but that he pointed it at another motorist on a busy highway. Thus, upon making the motor vehicle stop, the officers were "warranted in the belief that the[ir] safety ... or that of other persons was in danger," and therefore appropriately extended the protective sweep into the defendant's
**50
automobile (citations omitted). See
Commonwealth
v.
Vazquez
,
Even where a protective sweep is permissible, it must be limited in scope. A protective sweep of a vehicle " 'must be confined to the area from which the suspect might gain possession of a weapon,' either because he is still within the vehicle or because he is likely to return to the vehicle at the conclusion of the officer's inquiry."
Commonwealth
v.
Daniel
,
A protective sweep of a passenger compartment may encompass areas that are "generally 'reachable without exiting the vehicle' ... including areas that are 'hatches,' or rear storage areas."
United States
v.
Orth
,
*677
Taking into account the report of a firearm and the safety threat, the troopers were justified in performing a protective sweep of the entire passenger compartment, including the rear of the vehicle. See
Orth
,
Where the police have reasonable suspicion that someone has a gun and has threatened another with it, the protective sweep may also extend to closed containers found within the vehicle's passenger compartment.
Long
,
Here, the troopers were justified in opening a case that reasonably could have contained a weapon as a part of the protective sweep. See
Silva
,
Conclusion . We conclude that the motion judge properly denied the motion to suppress. Given the information that the police had about the alleged assault committed by the defendant, they had reasonable, articulable suspicion to stop the defendant's motor vehicle and perform a protective sweep of the vehicle. Moreover, given the safety concerns of the police, the scope of the protective sweep was constitutionally justified.
Judgment affirmed .
We have previously declined to attribute veracity to all anonymous 911 callers based upon the fact that current 911-call technology allows identification of callers.
Commonwealth
v.
Depiero
,
Where, as here, a 911 caller is identifiable, introducing evidence of that fact at the hearing on the motion to suppress would aid the motion judge in assessing the caller's reliability. See
Commonwealth
v.
Gomes
,
The Commonwealth argues that the caller was reliable because she witnessed and quickly described a startling event. See
Commonwealth
v.
Anderson
,
The defendant does not claim error in the arrest that took place after the pellet gun was discovered.
In
Allen
, the United States Court of Appeals for the First Circuit noted that in the case of
Terry
-type protective sweeps "post facto scope of search inquiries into the actual reachability of certain areas in a vehicle's passenger compartment are squarely foreclosed."
United States
v.
Allen
,
Reference
- Full Case Name
- COMMONWEALTH v. Anthony F. MANHA.
- Cited By
- 22 cases
- Status
- Published