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Commonwealth v. Marlborough
Citations: 21 Mass. App. Ct. 944; 486 N.E.2d 1144; 1985 Mass. App. LEXIS 2037
Court: Massachusetts Appeals Court; December 26, 1985; Massachusetts; State Appellate Court
A jury convicted the defendant, Robert Marlborough, of unlawful carrying of a firearm under G.L. c. 269, § 10(a). The appeal arises from the denial of a motion to suppress the firearm evidence obtained during a warrantless search of the defendant's vehicle. A District Court judge detailed findings including that Lisa Toscano reported to the Worcester police that the defendant had fired a shot through her window and drove away in a brown Cadillac with the registration plate 540T. Following this report, police dispatches alerted officers about the incident. Lieutenant Sweeney first spotted the defendant walking toward the Cadillac and, after calling for backup, ordered him to undergo a patdown search. When Officer Zukowski arrived, he opened the passenger side door of the Cadillac and saw a pistol inside, leading to the defendant's arrest. The court upheld the findings, affirming that the police had probable cause to stop and search the defendant and his vehicle based on Toscano's specific complaint of reckless and violent behavior. The officers acted reasonably, considering the potential danger posed by the defendant, and it was appropriate for them to search the vehicle when no firearm was found on his person. The evaluation of probable cause was based on the collective information from all officers involved, not just individual knowledge. The judgment was affirmed.