Commonwealth v. Cawthron
Commonwealth v. Cawthron
Opinion
*674 **613 In this case, we consider whether police officers were required to provide Miranda warnings prior to questioning two individuals who had been detained in a restaurant parking lot as part of a threshold inquiry into a street-level drug transaction. A Middlesex County grand jury indicted the defendants, Keith Cawthron and Craig Flodstrom, on charges of trafficking in Oxycodone, in violation of G. L. c. 94C, § 32E ( c ) (1), and conspiracy to traffic Oxycodone, in violation of G. L. c. 94C, § 40. The defendants filed motions to suppress statements made to detectives and pills found in one of the defendants' vehicles, arguing that they had been subject to custodial interrogation without adequate Miranda warnings, and the seizure of the pills was a result of custodial statements given absent such warnings. A Superior Court judge concluded that the defendants had been subject to custodial interrogation without, in Cawthron's case, any warnings and, in Flodstrom's case, an inadequate warning, and allowed the motions to suppress. 2
The Commonwealth filed a timely notice of appeal. A single justice of this court allowed the Commonwealth's application for leave to pursue an interlocutory appeal and reported the matter to the Appeals Court. The Appeals Court issued an opinion reversing the judgment of the Superior Court. See
Commonwealth
v.
Cawthron
,
Applying the factors set out in
Commonwealth
v.
Groome
,
1. Background . We summarize the facts as found by the motion judge following an evidentiary hearing. We indicate explicitly those few facts the judge found that are not supported by the record.
On April 12, 2013, Detective Michael Donovan of the Tewksbury **614 police department stopped at a convenience store on Route 133 in Tewksbury. Donovan was dressed in plain clothes and was driving an unmarked vehicle. As he was walking across the parking lot toward the store, Donovan overheard a man, later identified as Cawthron, speaking on a cellular telephone outside the store. Cawthron said *675 that he was "going to pick them up now," and asked, "How many do you want" and, "Do you want ten?" Donovan suspected that Cawthron was arranging a narcotics transaction. After purchasing a beverage in the store, Donovan returned to his vehicle and waited for Cawthron to leave the store. Donovan then followed Cawthron's vehicle as it left the parking lot.
Cawthron traveled a short distance on Route 133, and then turned into the parking lot of a fast food restaurant. After briefly losing sight of the defendant's vehicle, Donovan located it in a nearby steakhouse parking lot; Cawthron was standing outside his vehicle, speaking on his cellular telephone. Donovan parked his vehicle fifteen or twenty yards from Cawthron's.
Donovan contacted Detective Lieutenant Ryan Columbus of the Tewksbury police department and informed him of the investigation. Columbus arrived, also in an unmarked vehicle, and established surveillance from a nearby parking lot.
Approximately five minutes later, a black vehicle entered the steakhouse parking lot and parked next to Cawthron's vehicle. Flodstrom got out of this vehicle and approached Cawthron; the men shook hands and exchanged items that Donovan could not see. Based on these actions, the statement he had overheard in the convenience store parking lot, and his knowledge that the parking lots along Route 133 were often used for illegal drug transactions, Donovan believed this to be a hand-to-hand drug transaction.
Donovan got out of his unmarked vehicle, walked quickly to where the two men were standing, and identified himself as a police officer. He ordered the men not to move. At that point, Flodstrom said, "[T]his is how I feed my family." Columbus arrived at the scene shortly after Donovan had reached the defendants. He and Donovan decided to separate the two men and question them individually, before they had an opportunity to construct a shared response. 3 Donovan directed Flodstrom to the far side of Flodstrom's vehicle; Cawthron was directed to go with **615 Columbus on the far side of Cawthron's vehicle. Each man moved approximately five yards from where he stood before the detectives arrived.
Once Donovan and Flodstrom were separated from Cawthron and Columbus, Donovan gave Flodstrom an oral Miranda warning. 4 Donovan then asked Flodstrom what had happened. Flodstrom responded that he had sold 300 Oxycodone pills to his uncle, Cawthron, for two dollars per pill. Flodstrom reiterated that this was how he fed his children, and pulled $600 from his pocket. After Flodstrom produced the money, Donovan placed him in handcuffs and told him that he was under arrest.
While this interaction was taking place, Columbus spoke with Cawthron in front of Cawthron's vehicle. Columbus identified himself as a police officer and asked Cawthron what he had purchased. Cawthron said that he had purchased pills for two dollars each. Columbus asked where the pills were, and Cawthron told him the pills were under the seat in his vehicle. Columbus looked under the driver's seat and found a full pill bottle. After retrieving the bottle, Columbus handcuffed Cawthron, placed him under arrest, and read him his Miranda rights. In response to the detective's *676 further questions, Cawthron said that he was acting as the middle man for a friend.
After handcuffing Cawthron, Columbus took the pill bottle to Donovan, who was standing with Flodstrom. 5
Cawthron and Flodstrom were indicted by a Middlesex County grand jury on charges of trafficking in over eighteen grams of Oxycodone, G. L. c. 94C, § 32E ( c ) (1), and conspiracy to traffic in Oxycodone, G. L. c. 94C, § 40.
Cawthron and Flodstrom filed motions to suppress their statements and the evidence seized. After an evidentiary hearing, the judge found that the detectives had reasonable suspicion to stop the defendants and to conduct a threshold inquiry; that the defendants were subjected to custodial interrogation; and that the Commonwealth failed to prove that either Flodstrom or Cawthron received adequate Miranda warnings. Accordingly, the judge suppressed all of Cawthron's statements and the pill bottle found in his vehicle, and ordered Flodstrom's statements suppressed apart from his initial remark upon **616 the first detective's arrival that "this is how I feed my family." 6
The Commonwealth's motion to reconsider was denied. The Commonwealth then filed an application in the county court for leave to pursue an interlocutory appeal. A single justice of this court allowed the Commonwealth to pursue an interlocutory appeal in the Appeals Court. After the Appeals Court reversed the allowance of the motions to suppress, see
Cawthron
,
The Commonwealth argues that the judge committed legal error when he determined that the defendants were subjected to custodial interrogation that necessitated Miranda warnings. For the reasons that follow, we agree.
2.
Discussion
. "In reviewing a ruling on a motion to suppress, we accept the judge's subsidiary findings of fact absent clear error 'but conduct an independent review of his ultimate findings and conclusions of law.' "
Commonwealth
v.
Scott
,
The encounter between the officers and the defendants began as a valid
Terry
-type stop, with an initial, brief inquiry into the suspicious transactions that a police officer believed he had seen. See
Terry
v.
Ohio
,
At some point, however, the nature of the interaction may change, as officers begin to focus on a particular suspect. Miranda warnings seek to protect an individual's "fundamental" right under the Fifth Amendment to the United States Constitution that "[n]o person ... shall be
*677
compelled in any criminal case to be a witness against himself." See
Miranda
v.
Arizona
,
Even where a suspect is temporarily seized, "[n]ot every
Terry
-type investigative stop results in a custodial interrogation."
Commonwealth
v.
DePeiza
,
To determine if a defendant was subjected to custodial interrogation, "the court considers several factors: (1) the place of the interrogation; (2) whether the officers have conveyed to the person being questioned any belief or opinion that that person is a suspect; (3) the nature of the interrogation, including whether the interview was aggressive or, instead, informal and influenced
**618
in its contours by the person being interviewed; and (4) whether, at the time the incriminating statement was made, the person was free to end the interview by leaving the locus of the interrogation or by asking the interrogator to leave, as evidenced by whether the interview terminated with an arrest."
Commonwealth
v.
Groome
,
Applying the
Groome
factors to the circumstances here, we conclude that the defendants have not met their burden of showing that they were in custody when they made the incriminating statements. See
Larkin
,
a.
Location of interviews
. To determine if the location of an interrogation
*678
contributed to a coercive environment, we consider the circumstances "from the point of view of the defendant." See
Commonwealth
v.
Conkey
,
In this case, the detectives instructed the defendants to move approximately five yards from where they had been conversing in the restaurant parking lot, so that each detective would be able to speak with one of the defendants individually.
7
This movement
**619
did not result in a coercive atmosphere.
8
See
Vanhouton
,
Other courts likewise have concluded that moving individuals a short distance, so as to interview them separately, does not constitute custodial interrogation. In
United States
v.
Campbell
,
b.
Whether the detectives conveyed a belief that the defendants were suspects
. If the detectives had conveyed to the defendants that they were suspects, that might support a determination that the defendants were in custody before
*679
they made the incriminating statements. See
Commonwealth
v.
Simon
,
We conclude that, in their initial questioning, the detectives did not convey a suggestion that the defendants were suspects; the question could have referred to many types of innocent activities. At most, it was a vague and unformed suspicion of some illicit activity. In
**620
Commonwealth
v.
Callahan
,
Although Columbus apparently suspected that Cawthron had purchased drugs, based on the conversation that Donovan overheard in the convenience store parking lot, this "unarticulated suspicion[ ] contribute[d] nothing to the objective circumstances of the encounter." See
Groome
,
The judge found that a reasonable person in Flodstrom's situation would have believed that police suspected him of a crime, in part, because Columbus brought over the bottle of pills to show Donovan, in Flodstrom's line of sight, before, or during, Donovan's questioning of Flodstrom. This factual finding is unsupported by the evidence introduced at the hearing, and, therefore,
**621
we decline to defer to it.
9
*680
In response to multiple questions from both defense counsel and the Commonwealth, Donovan testified that Columbus showed him the pill bottle after Flodstrom had answered his questions and produced the money from his pocket. Donovan did give one equivocal response on cross-examination, but never stated that he was shown the pill bottle before or while Flodstrom was answering his initial questions or producing the money from his pocket. No other evidence was introduced about the timing. While a motion judge may decline to credit a witness's testimony, the judge may not make "findings that [are] inconsistent with the uncontradicted testimony of the" witness, where "there was no evidence to support those findings."
Commonwealth
v.
Knowles
,
In concluding that Flodstrom was in custody, the judge also relied in part on Donovan's decision to provide Flodstrom with some form of Miranda warning. "[T]he reading of the Miranda rights does not automatically demonstrate seizure."
Commonwealth
v.
Martinez
,
c.
Tone of interviews
. On the third
Groome
factor, the judge found that the conversations between the defendants and the detectives "were not relaxed or conversational." Even so, nothing in the record suggests that they were "aggressive," "persistent," or "harsh," which would support a conclusion that the defendants had been subject to a custodial interrogation. See
Commonwealth
v.
Coleman
,
In concluding that the defendants were in custody, the judge relied in part on the fact that "the officers asked questions, making clear that they expected to receive prompt answers, and the [d]efendants responded to each inquiry. Neither defendant was ever told that they were free to walk away, that they could terminate their interrogation whenever they wished ... or anything else to offset the inherently coercive nature of the situation."
Having concluded that the location of the interrogations was not coercive, we do not view the other facts identified by the judge, that the detectives wore "police badge[s]," and "were armed," as creating an inherently coercive environment. The detectives did not display their weapons. In the absence of evidence beyond the detectives' subjective suspicions that the defendants had committed a crime, which are irrelevant for these purposes, we conclude that the tone "was neither aggressive nor confrontational," and that questioning was appropriate fact finding to confirm or dispel the detectives' belief that they had observed a drug transaction. See
Commonwealth
v.
Hilton
,
d. Whether the defendants were free to leave . We turn to the final Groome factor, whether the defendants were free to end the interview by asking to terminate the interview or, simply, by leaving. The detectives testified that the defendants were not free to leave, and that they would have prevented the defendants from leaving if they had tried. Further, the defendants were arrested at the end of the interrogations, after each provided statements and physical evidence of a drug transaction.
While this factor weighs in favor of a conclusion that the defendants were in custody, that conclusion does not necessarily follow. An "arrest after an incriminating statement has been obtained, by itself, [does not] label[ ] as custodial the interrogation that precedes the incriminating statement" (citation omitted).
Bryant
,
In reaching a contrary conclusion, the judge relied on
Simon
,
This case is unlike
Simon
,
Because we conclude that the environment was noncoercive, as in
Kirwan
, the fact that the defendants were not free to leave does not transform the stops into custodial interrogations, where the other
Groome
factors weigh against custody. See
Vanhouton
,
In
DePeiza
,
**625 3. Conclusion . The order allowing the defendants' motions to suppress is reversed. The matter is remanded to the Superior Court for further proceedings.
So ordered .
The judge denied Flodstrom's motion to suppress statements that he made when officers first approached him, before they had asked any questions, but allowed the motion to suppress all statements made after the officers began asking questions.
At the hearing on the motion to suppress, both detectives testified that separating individuals for questioning is a standard police tactic, to reduce the possibility that the individuals would be able to coordinate their responses.
Rather than reading the warnings from a printed card, Donovan gave them to the best of his ability from memory. At the hearing on the motion to suppress, Donovan was unable to recall exactly what he told Flodstrom.
The judge found that Columbus showed Donovan and Flodstrom the pills before Flodstrom finished making his statements to Donovan. As discussed infra , this finding is not supported by the record.
The judge also found that Flodstrom had automatic standing to challenge the search of Cawthron's vehicle, and thus suppressed the pills found in that vehicle with respect to the trafficking charge against Flodstrom, but not with respect to the conspiracy charge. The Commonwealth challenges the determination of automatic standing. Because of the result we reach, we need not decide this issue.
Flodstrom argues that the defendants' compliance with this instruction demonstrates that they did not believe they had any choice but to obey the detectives' orders. Even assuming that the movement was forced, however, does not necessarily result in a conclusion that the defendants were in custody for purposes of
Miranda
. See
Larkin
,
Flodstrom also argues that his difficulty walking added to the coercive nature of the situation. The judge did not make any findings about Flodstrom's physical condition, although Donovan testified that Flodstrom had a limp and appeared to have some difficulty moving. No evidence in the record indicates that the short distance involved placed a significant burden on Flodstrom, such that his detention was custodial.
At the end of his cross-examination of Donovan, Cawthron's counsel asked Donovan if Columbus brought the pills over after Flodstrom had told Donovan about the exchange. Donovan first replied, "Yes, I believe so;" when asked if he was sure, Donovan said, "Yes. [Flodstrom] had stated that he had sold [Cawthron] pills and handed me money." When pressed about the timing, Donovan responded, "I don't remember exactly when it happened, no." On redirect examination, the prosecutor again pursued this line of inquiry, asking, "[Y]ou were just asked if [Columbus] had either informed you that he had recovered the bottle of pills, or he had shown that to you. And just so I'm clear, was that before or after [ ] Flodstrom had produced the six hundred dollars to you?" Donovan responded, "After."
Reference
- Full Case Name
- COMMONWEALTH v. Keith CAWTHRON (And Three Companion Cases).
- Cited By
- 24 cases
- Status
- Published