Heard: February 14, 2017.
found and returned in the Superior Court Department on March
2, 2015. A pretrial motion to suppress evidence was heard by
Kenneth W. Salinger, J.
application for leave to prosecute an interlocutory appeal
was allowed by Geraldine S. Hines, J., in the
Supreme Judicial Court for the county of Suffolk, and the
appeal was reported by her to the Appeals Court.
Zachary Hillman, Assistant District Attorney, for the
Rousseve, Committee for Public Counsel Services, for the
Present: Green, Meade, & Agnes, JJ.
hearing a police radio dispatch report of a robbery and
shooting at a nearby convenience store, Boston police Officer
Monica Quinonez observed the defendant walking toward her
from the general direction of the convenience store, sweating
profusely on a cool November evening. The defendant's
build and clothing fit the general description included in
the dispatch. Suspecting that the defendant may have been
involved in the convenience store incident, Quinonez watched
the defendant's movements for a few minutes, then went to
the convenience store to view surveillance video of the
robbery and shooting. Her observations of the video
corroborated her suspicion that the defendant had committed
the crime; as a result, several police units were dispatched
to the address where Quinonez had last seen the defendant.
When police officers approached that address, just under an
hour after the robbery and shooting, the defendant came down
from the front porch to meet them. Informed that there had
been "an incident up the street, " the defendant
said, "I had nothing to do with the shooting." The
officers took him into custody and transported him to the
police station, where he was interviewed. After developing
additional inculpatory evidence, the police placed him under
arrest. A judge of the Superior Court allowed the
defendant's motion to suppress evidence obtained after
the police took him into custody, and the Commonwealth
appealed. We reverse.
summarize the subsidiary findings of fact entered by the
motion judge, which we accept absent clear error, reserving
for independent review his ultimate findings and his
conclusions of law. See Commonwealth v.
Anderson, 461 Mass. 616, 619 (2012).
November 4, 2014, at 7:29 P.M., Boston police received a 911
call reporting an armed robbery, in which one person was
shot, at a convenience store in the Dorchester section of
Boston, known as Savin Hill. Based on information furnished
in the call, the police dispatcher broadcast a report of a
robbery and shooting at that location, in which the suspect
was a black male wearing a dark colored hoodie with some kind
of print or pattern on it, and blue jeans. In response to the
dispatch, a number of officers responded to the convenience
store within one-half hour.
video at the convenience store showed that the robber was
masked and had the hood of his sweatshirt up, so that little
of his face was visible. Details of the robber's
clothing, and of his "slim build, " observed on the
surveillance video were included in police broadcasts from
and after approximately 7:50 P.M.
police Officer Monica Quinonez was working that evening on a
police detail at a construction site approximately four
blocks away from the convenience store. At approximately 8:00
P.M., Quinonez noticed the defendant walking toward her from
the general direction of the convenience store. The defendant
was wearing a blue zip-up hooded sweatshirt and blue jeans,
consistent with the clothing described in the initial
broadcast dispatch. The defendant and Quinonez made eye
contact, and Quinonez noticed that the defendant was sweating
profusely, even though it was a cool November evening.
Recognizing the defendant's resemblance to the general
characteristics included in the broadcast dispatch, Quinonez
watched the defendant's movements as he got into the
front passenger seat of a Toyota sedan, and as he shortly
thereafter emerged from the Toyota and went into an apartment
then walked briskly to the convenience store where the
robbery and shooting had occurred, arriving there at
approximately 8:15 P.M. Quinonez asked to see the store
surveillance video to see whether the robber looked like the
man she had just seen (the defendant). After viewing the
video and recognizing the similarity of the robber to the
defendant, Quinonez told Boston police Sergeant Detective
Keith Webb that she had just seen a man who looked like the
robber. In response, three officers, including
Officer Jason Ezekiel, a member of the youth violence strike