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Smart Summary

Factual and Procedural Background

Indictments were found and returned in the Superior Court on September 25, 1973, charging defendants Jack R. Rugaber and Bonnie-Jean Manning with unlawful possession and distribution of narcotic drugs. Pre-trial motions to suppress evidence were heard by Judge Moriarty, and the cases were tried by Judge Moynihan. After review was sought in the Appeals Court, the Supreme Judicial Court of Massachusetts ordered direct appellate review on its own initiative. The defendants were convicted following jury-waived trials and appealed their convictions under G.L.c. 278, §§ 33A-33G.

Legal Issues Presented

  1. Whether the evidence seized under a search warrant should have been suppressed due to a misdescription of the premises to be searched.
  2. Whether the defendants' motions for findings of not guilty should have been allowed based on the sufficiency of the evidence.

Arguments of the Parties

Defendants' Arguments

  • The search warrant was defective because it incorrectly described the color and type of building material of the house, leading to a misdescription of the premises.
  • The evidence was insufficient to prove possession or intent to distribute narcotics, warranting findings of not guilty.

Commonwealth's Arguments

  • The search warrant, despite the erroneous description, contained the correct address, and the officers' knowledge eliminated any risk of searching the wrong premises.
  • There was sufficient evidence to support the convictions, including possession of large quantities of narcotics linked to each defendant.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Commonwealth v. Pope, 354 Mass. 625 (1968) Requirement for particular description of place to be searched under Fourth Amendment and state law. Supported the principle that warrants must describe the place with particularity.
Commonwealth v. Vitello, 367 Mass. 224 (1975) Warrant may be read with application or complaint to cure defects. Allowed some leniency in reviewing sufficiency of warrant description.
Commonwealth v. Corradino, 368 Mass. 411 (1975) Encouragement of warrant procedure with some leniency in review. Supported policy to allow after-the-fact leniency in warrant sufficiency.
Commonwealth v. Murray, 359 Mass. 541 (1971) Factual inaccuracies not affecting integrity of affidavit do not destroy probable cause. Applied to uphold warrant despite misdescription of building materials.
Commonwealth v. Hall, 366 Mass. 790 (1975) Warrant descriptions must be read literally without poetic license. Acknowledged the warrant was ambiguous in description.
United States v. Sklaroff, 323 F. Supp. 296 (S.D. Fla. 1971) Determining sufficiency of description by whether officers can locate premises with reasonable effort and avoid mistaken search. Quoted to evaluate the adequacy of the warrant description.
United States v. Gomez, 42 F.R.D. 347 (S.D.N.Y. 1967) Personal knowledge of officers can supplement inadequate descriptions. Referenced but not relied upon as warrant description was not facially inadequate.
United States v. Thomas, 489 F.2d 664 (5th Cir. 1973) Exclusionary rule should not apply if it would have no deterrent effect. Supported the court's decision not to exclude evidence despite warrant defect.
United States v. Carmichael, 489 F.2d 983 (7th Cir. 1973) Same as above regarding exclusionary rule and deterrence. Reinforced the court's rationale on exclusionary rule application.
Commonwealth v. Baron, 356 Mass. 362 (1969) Standard for sufficiency of evidence at motion for finding of not guilty. Applied to affirm sufficiency of evidence despite judge not being convinced beyond reasonable doubt.
Commonwealth v. Dinnall, 366 Mass. 165 (1974) Possession of narcotics evidence. Supported finding of possession by defendants.
Commonwealth v. Mott, 2 Mass. App. Ct. 47 (1974) Possession evidence standards. Supported sufficiency of possession evidence.
Commonwealth v. Ellis, 356 Mass. 574 (1970) Intent to distribute may be inferred from possession of large quantities. Applied to affirm intent to distribute from evidence found.
Commonwealth v. Gill, 2 Mass. App. Ct. 653 (1974) Intent to distribute and possession evidence. Supported inference of intent to distribute.

Court's Reasoning and Analysis

The court first addressed the alleged defect in the search warrant, noting that although the warrant incorrectly described the color and type of building material of the house, the correct street address was included. The officers executing the warrant relied on their knowledge of the premises and were not reckless or aware of the misdescription. The court emphasized the requirement for particularity in warrants but recognized that minor factual inaccuracies not affecting probable cause do not invalidate a warrant. The warrant was ambiguous but not inadequate on its face. Given that the officers were directed to the correct property and executed the warrant at night, eliminating the risk of mistakenly searching the neighboring property, the court ruled that the exclusionary rule did not apply because excluding the evidence would not serve a deterrent purpose.

Regarding the sufficiency of evidence, the court found that narcotics were discovered in rooms clearly associated with each defendant. In Rugaber's room, narcotics were found alongside personal items bearing his name and photograph. Manning was found with narcotics in a room she accessed for her child. The court applied established legal standards that possession can be inferred from control over the area where drugs are found and that intent to distribute can be inferred from possession of large quantities. The judge's decision to submit the cases to the jury was supported by sufficient evidence.

Holding and Implications

The court affirmed the convictions of both defendants.

The court held that the motion to suppress evidence seized under the search warrant was properly denied despite the misdescription, and that the evidence was sufficient to support the convictions for unlawful possession and intent to distribute narcotics. The decision directly affects the parties by upholding their convictions and does not establish new precedent beyond applying existing principles regarding warrant sufficiency and evidence standards.

COMMONWEALTH v. JACK R. RUGABER (and a companion case )

Constitutional Law, Search and seizure. Search and Seizure. Narcotic Drugs.

Although a search warrant incorrectly described the color and type of building material of a house to be searched and the description precisely fitted the house next door, application of the exclusionary rule was not required where the warrant contained the correct address of the building to be searched, the knowledge of officers on the scene eliminated any danger of a mistaken search of the premises next door, and the warrant was executed at night so that the discrepancy was not apparent. [767-769] Conviction of two defendants for unlawful possession of certain narcotic drugs and unlawful possession with intent to distribute the drugs was warranted by evidence that a large quantity of drugs was found in a room containing a knapsack, a name tag, and a college identification card, all bearing the name of one defendant, and a similar large quantity was found in another room where the second defendant had gone to get some things for her child. [769-770]

BRAUCHER, J.

After a jury waived trial, the defendants appeal from convictions for drug offenses. They argue that (1) evidence seized under a search warrant should have been suppressed because the premises to be searched were misdescribed, and (2) their motions for findings of not guilty should have been allowed. We hold that the motion to suppress evidence seized under the search warrant was properly denied, and that there was sufficient evidence of the defendants' guilt to warrant submission of the cases to the jury. We therefore affirm the convictions.

The defendant Rugaber was convicted on four indictments charging unlawful possession of marihuana and LSD with intent to distribute and unlawful possession of amphetamines and cocaine. The defendant Manning was convicted on four indictments charging unlawful possession of LSD with intent to distribute and unlawful possession of marihuana, cocaine and hashish. Rugaber was sentenced to one year in a house of correction on the LSD charge and on the remaining convictions was ordered placed on probation for three years from and after the LSD sentence. Manning was given a suspended sentence on the LSD charge and placed on probation for three years; on the other charges she was placed on concurrent probation for three years. They appealed under G.L.c. 278, §§ 33A-33G, and we transferred the appeals here on our own motion.

1. The search warrant. In denying the defendants' motion to suppress evidence, the judge made detailed findings, which the parties accept. He concluded that Springfield police officers had probable cause to search for drugs at 3 Fenwick Street, Springfield, a brick house with two front entrances and a green porch. By reason of an error by a Federal agent, one of the officers included the following in his affidavit in support of his application for a search warrant: "This house #3 Fenwick St. is a two-story wooden structure, red over gray located on the east side of the street in Springfield, Mass." The warrant commanded a search of "#3, Fenwick St., Springfield, a two story wooden frame dwelling, color red grey."

The description of color and type of building material precisely fitted the house next door, which fronted on Wilbraham Road but had an unnumbered side or rear entrance on Fenwick Street. Number 3 bore no lettering or numeral to indicate its address. The officers who obtained the warrant were directed by other officers to the house from which a suspect had emerged about an hour before. They searched that house, which was No. 3 Fenwick Street. The warrant was executed at night, and the discrepancy was not apparent. The officers who obtained the warrant were not aware of the misdescription when they executed it and they were not reckless; at most they were negligent in this respect. The judge was unable to find that any of the officers actually involved was aware of the misdescription.

Particular description of the place to be searched is required by the Fourth Amendment, by art. 14 of our Declaration of Rights and by G.L.c. 276, § 2. Commonwealth v. Pope, 354 Mass. 625, 628-629 (1968). Invocations of error and inadvertence cannot ordinarily save an invalid warrant, although we have allowed the warrant to be read with the application or complaint. Commonwealth v. Vitello, 367 Mass. 224, 271-274 (1975), and cases cited. But "if the police are to be encouraged to use the warrant procedure, it seems good policy to allow a certain leeway or leniency in the after-the-fact review of the sufficiency of applications for warrants." Commonwealth v. Corradino, 368 Mass. 411, 416 (1975). "Factual inaccuracies not going to the integrity of the affidavit do not destroy probable cause for a search." Commonwealth v. Murray, 359 Mass. 541, 548 (1971). Cf. Commonwealth v. Gallinaro, 360 Mass. 868 (1971).

The present case is a close one, since the description of the place to be searched is "to be read without poetic license." Commonwealth v. Hall, 366 Mass. 790, 799 (1975). The judge concluded that an officer attempting to execute the warrant with no information other than the description contained within it and the attached affidavit would "most assuredly" have invaded the wrong property. The Commonwealth "does not fully agree" with that conclusion, since it is not clear how far it takes into account the physical facts. See Commonwealth v. Gill, 2 Mass. App. Ct. 653, 656 (1974). Perhaps it would be more accurate to say that the warrant was ambiguous in its description of the property to be searched.

The defendants cite cases where warrants were upheld because erroneous street numbers were overcome by additional descriptions. United States v. Goodman, 312 F. Supp. 556, 557 (N.D. Ind. 1970). United States v. Pisano, 191 F. Supp. 861, 863 (S.D.N.Y. 1961). State v. Daniels, 46 N.J. 428, 438 (1966). Contra, State v. Lee, 247 La. 553, 562 (1965). The determining factor, they say, is "whether the description is sufficient to enable the executing officer to locate and identify the premises with reasonable effort, and whether there is any reasonable probability that another premises might be mistakenly searched which is not the one intended to be searched under the search warrant," quoting from United States v. Sklaroff, 323 F. Supp. 296, 321 (S.D. Fla. 1971).

There is authority for piecing out an inadequate description with the personal knowledge of the searching officers. United States v. Gomez, 42 F.R.D. 347, 348 (S.D.N.Y. 1967). But we need not go so far here. The description here was not inadequate on its face. The executing officers did not become aware of its ambiguity as applied to the physical facts, and they were not reckless in this respect. They had probable cause to search No. 3 Fenwick Street, the address was a sufficient description if the erroneous references to color and type of building material were disregarded, and the knowledge of the officers on the scene eliminated any danger that there might be a mistaken search of the premises next door. In these circumstances we agree with the judge, who ruled that even if the warrant was defective, the exclusionary rule should not be applied, since it could have no deterrent effect. Cf. United States v. Thomas, 489 F.2d 664, 669-670 (5th Cir. 1973); United States v. Carmichael, 489 F.2d 983, 988-989 (7th Cir. 1973); Model Code of Pre-Arraignment Procedure § 290.2 (2), (3), (4) (Proposed Official Draft 1975); Kipperman, Inaccurate Search Warrant Affidavits as a Ground for Suppressing Evidence, 84 Harv. L. Rev. 825, 830-832 (1971).

2. Sufficiency of evidence. Each of the defendants was found guilty of narcotic offenses involving only those narcotics found in his or her room. Each contends that there was insufficient evidence of either possession or intent to distribute to warrant findings of guilty. In determining the sufficiency of evidence on these issues, the judge need not be convinced beyond a reasonable doubt. Commonwealth v. Baron, 356 Mass. 362, 365-366 (1969).

There was evidence that both defendants, seven other adults and two children were present at the time of the search of the premises at No. 3 Fenwick Street. There were approximately seven rooms on the first floor, approximately five on the second, and five partitioned spaces in the third-floor attic. In respect to the defendant Rugaber, the search yielded four separately packaged bags of marihuana, a larger quantity of unpackaged marihuana, over 100 LSD tablets and a quantity of cocaine. These items were found in a room containing a knapsack bearing Rugaber's name, a black name tag bearing his name, and a college identification card with his photograph and name. As to the defendant Manning, more than 900 tablets of LSD and quantities of marihuana, cocaine and hashish were found in a room where she had gone to get some things for her child.

The evidence of possession was sufficient. Commonwealth v. Dinnall, 366 Mass. 165, 169 (1974), and cases cited. Commonwealth v. Mott, 2 Mass. App. Ct. 47, 53-54 (1974). Intent to distribute a drug may be inferred from possession of large quantities of that drug. Commonwealth v. Ellis, 356 Mass. 574, 578-579 (1970). Commonwealth v. Gill, 2 Mass. App. Ct. 653, 657 (1974), and cases cited.

Judgments affirmed.

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COMMONWEALTH v. RUGABER
(Feb 26, 1976)