From Friday's decision in Commonwealth v. Demos D., by Massachusetts Appeals Court Justice Joseph Ditkoff, joined by Justices Sookyoung Shin and Robert Brennan:
A police officer encountering a sixteen year old juvenile who had been reported missing by his legal guardian {the Department of Children and Families} decided to transport the missing juvenile to a police station and then contact his guardian to pick him up. Prior to doing so, he pat frisked the juvenile and discovered a handgun. The juvenile was charged in the Juvenile Court with unlawfully carrying a loaded firearm, unlawful possession of a large capacity weapon, unlawful possession of ammunition, and, as a youthful offender, unlawfully carrying a firearm.
After an evidentiary hearing, a judge suppressed all physical evidence arising from this encounter. We conclude that transporting the missing juvenile to a police station to be picked up by his legal guardian was a proper act of community caretaking, and that any argument regarding the child requiring assistance statute, was not raised or adequately developed at the suppression hearing. Further following the majority view that it is generally reasonable for a police officer transporting a person in a police cruiser pursuant to a valid act of community caretaking to pat frisk that person before transport, we reverse the suppression order….
