Commonwealth v. Quezada
Court: Massachusetts Supreme Judicial Court; February 1, 2008; Massachusetts; State Supreme Court
The defendant faces charges of unlawful firearm possession under G. L. c. 269, § 10(a) in the Charlestown Division of the Boston Municipal Court. The firearm was seized after a police officer, noticing the defendant appeared injured and disoriented, attempted to engage him in conversation. Upon the officer's approach, the defendant fled, prompting a chase that ended with the officer apprehending him and discovering the firearm on his person. The details of the case are referenced in Commonwealth v. Quezada, 67 Mass. App. Ct. 693 (2006). A judge in the Boston Municipal Court granted the defendant’s motion to suppress the firearm, leading the Commonwealth to appeal to the Appeals Court with permission from a single justice, per Mass. R. Crim. P. 15(b). The Appeals Court upheld the motion judge's ruling, concluding that the officer's stop was not justified by community caretaking, the protective custody statute (G. L. c. 111B, § 8), or reasonable suspicion, as discussed in Commonwealth v. Quezada, supra at 695-697. After reviewing the record, briefs, oral arguments, and supplemental authorities, the court affirms the motion judge’s order to suppress the firearm for similar reasons as the Appeals Court. The order allowing the motion to suppress is affirmed.