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Keywords

defendantmotion

defendanthearingmotion

Related Cases

Commonwealth v. Garner, 490 Mass. 90, 188 N.E.3d 965

Facts

Earl Garner was stopped by police during a traffic stop after making abrupt turns. Trooper Paul Dunderdale, who had previously stopped Garner multiple times, recognized him and was aware of his past firearm convictions. During the stop, Garner exhibited nervous behavior and offered to allow a search of his vehicle. After exiting the vehicle, a second trooper conducted a patfrisk and found a gun in Garner's waistband, leading to the charges against him.

The defendant, Earl Garner, was charged with two firearm offenses as the result of a traffic stop. After an evidentiary hearing, a judge in the Superior Court granted the defendant's motion to suppress, having concluded that the firearm was discovered during an unlawful patfrisk.

Issue

Did the police officer have reasonable suspicion to conduct a warrantless patfrisk of the defendant during the traffic stop?

Rule

A patfrisk is permissible only when an officer has reasonable suspicion, based on specific articulable facts, that the suspect is armed and dangerous.

A patfrisk is permissible only where an officer has a “reasonable suspicion,” based on specific articulable facts, “that the suspect is [both] armed and dangerous.”

Analysis

The court analyzed the facts surrounding the traffic stop and determined that the officer's prior knowledge of the defendant's criminal history and his behavior during the stop did not provide sufficient grounds for reasonable suspicion. The judge found that the defendant's nervousness was common and did not indicate a threat, and that the officer's interpretation of the defendant's actions was speculative and unsupported by objective facts.

Relying solely upon the judge's findings, including that the defendant “was not confrontational or belligerent,” “made no furtive gestures” or “threats,” and was “known to the police, [had] a ‘really good rapport’ with the police and [had] never engaged in or threatened violence against the police,” we agree with the judge that the defendant's behavior did not create reasonable suspicion that he was armed and dangerous.

Conclusion

The Supreme Judicial Court affirmed the motion judge's order granting the motion to suppress, concluding that the police officer lacked reasonable suspicion to conduct the patfrisk.

Because the defendant's reactions to the traffic stop did not justify the subsequent patfrisk, we affirm the judge's decision to allow the motion to suppress.

Who won?

Defendant, Earl Garner, prevailed because the court found that the police officer did not have reasonable suspicion to justify the patfrisk.

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