Commonwealth v. Evelyn
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The Supreme Judicial Court affirmed the denial of Defendant's motion to suppress evidence obtained as a result of a stop, holding that, going forward, the age of a juvenile suspect, if objectively apparent to a reasonable officer, will be part of the totality of the circumstances relevant to whether the juvenile as seized under article 14 of the Massachusetts Declaration of Rights.
Minutes after a shooting, two police officers encountered seventeen-year-old Defendant walking on the sidewalk. After attempting to speak with Defendant, one of the officers started to get out of the cruiser, after which Defendant ran. Defendant was charged with murder in the first degree. Defendant filed a motion to suppress. The trial court denied the motion. The Supreme Judicial Court affirmed, holding (1) the trial judge did not abuse his discretion in concluding that the officers had a reasonable, articulable suspicion of criminal activity; (2) a child's age, when known to the officer or objectively apparent to a reasonable officer, is relevant to the question of seizure under article 14; and (3) there was insufficient evidence that the officers knew or should have known prior to his arrest, that Defendant was below the age of eighteen.
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