September 8, 2017.
found and returned in the Superior Court Department on June
30, 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 Fernande R.V. Duffly, J., in the Supreme
Judicial Court for the county of Suffolk, and the appeal was
reported by her to the Appeals Court.
Jalbert Patalano, Assistant District Attorney, for the
Michael P. Doolin for the defendant.
Present: Rubin, Neyman, & Henry, JJ.
an evidentiary hearing, a Superior Court judge allowed, in
part, the defendant's motion to suppress evidence. A
single justice of the Supreme Judicial Court allowed the
Commonwealth's application for leave to file an
interlocutory appeal, and reported the matter to this court.
See Mass.R.Crim.P. 15(a)(2), as appearing in 422 Mass. 1501
(1996). The sole issue is whether the judge erred in
suppressing a statement made by the defendant based on
limitations set forth in G. L. c. 276, § 1, and
Commonwealth v. Blevines, 438 Mass. 604 (2003),
regarding the use of evidence seized incident to an arrest.
parties do not contest the judge's comprehensive findings
of fact, which we summarize, supplemented where appropriate
by the testimony from the motion hearing. See
Commonwealth v. Jones-Pannell, 472 Mass. 429, 431
(2015). This case stems from an investigation into the crime
of trafficking of persons for sexual servitude, G. L. c. 265,
§ 50 (human trafficking),  which was prompted by an illicit
online advertisement on the Web site Backpage.com
(Backpage). On May 7, 2015, as part of that investigation,
Detective Ludwik Bartkiewicz, along with State and Federal
law enforcement officers, went to the Park Plaza Hotel
(hotel) in Boston to locate the person who had posted the
advertisement on Backpage.Around 10:00 A.M., the officers met the
hotel's head of security on the first floor of the hotel.
One of the officers, Agent Tony Freitas, telephoned the
number listed in the Backpage advertisement. A woman answered
and told him to come to the fifth floor via the service
elevator. Agent Freitas stayed behind while the other
officers followed her direction by taking the service
elevator to the fifth floor. Agent Freitas then telephoned
the number again. The woman told him to come to room 540.
Agent Freitas relayed this information to Detective
Bartkiewicz, who was among the officers on the fifth floor.
The officers proceeded to room 540, knocked on the door,
identified themselves as law enforcement to the woman who
answered, and asked to speak with her. The woman invited them
into the room. Upon learning that she was speaking with law
enforcement officers, she "became very agitated."
She "was visibly crying and shaking." She told the
officers, "You guys can't be here. He's
coming." Detective Bartkiewicz observed that the room
was "sort of disheveled." He also noticed that the
woman had a telephone in her hand that was continuously
Freitas then contacted Detective Bartkiewicz and advised that
the defendant, who was the target of the investigation,
heading upstairs. Detective Bartkiewicz observed the
defendant and Agent Freitas step out of the elevator onto the
fifth floor. Agent Freitas nodded toward the defendant
"to confirm for Bartkiewicz that [the defendant] was the
man Freitas had been waiting for." The defendant walked
from the elevator toward room 540. After the defendant walked
past him, Detective Bartkiewicz stated that he was a police
officer and asked to speak with the defendant. The defendant
was approximately eight to ten feet from room 540 at this
time. Next, the following occurred:
"[The defendant] stopped walking, turned toward
Bartkiewicz, and said[, ] 'No.' [The defendant] then
started to put his right hand, the one holding the cell
phone, in his pocket. So Bartkiewicz took a few steps
forward, told [the defendant] to keep his hands [out of] his
pocket, and put his own hand on [the defendant's] right
hand, to ensure that [the defendant] kept it in sight.
Bartkiewicz then reiterated, '[W]e just want to talk to
"In response, [the defendant] said[, ] 'No, I
don't need to talk to you.' [The defendant] then put
his hands on Bartkiewicz's shoulders, pushed Bartkiewicz
out of his way, and started to run back toward the elevators.
[The hotel's head of security], who was also in the
hallway, blocked [the defendant's] path and pushed [him]
into a door. [The defendant] fell, got back up, and ran
toward the elevators. Agt. Freitas and Agt. [Peter] Darling
grabbed, subdued, and eventually handcuffed [the defendant].
By this point [the defendant] was lying face down on the
floor. The officers put [the defendant] in a sitting
"Det. Bartkiewicz informed [the defendant] of his
Miranda rights. . . . Bartkiewicz patted [the
defendant] down and searched his pockets. [Bartkiewicz] found
and removed a hotel room key, a knife, about $500 in cash,
and some prepaid credit cards from [the defendant's]
pants pockets. Bartkiewicz asked [the defendant] what room
the key was for. [The defendant] said it was Room 540. . . .