Steven J.J. Weisman for the defendant.
Robert J. Bender, Assistant District Attorney (Fraser Hori with him) for the Commonwealth.
Marjorie Heins, for Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief.
The defendant was stopped at a State police "sobriety checkpoint" (roadblock). An officer detected the odor of alcohol on the defendant. He was directed to drive to the "pick-up" area adjacent to the roadblock. Once there, the defendant refused to produce his license and registration, and was arrested for violating G. L. c. 90, Section 25 (1986 ed.). The defendant was found guilty of violating G. L. c. 90, Section 25, and appealed. We granted the defendant's application for direct appellate review.
The defendant stipulates that the roadblock was conducted in accordance with the guidelines we approved in Commonwealth v. Trumble, 396 Mass. 81 (1985). He does not challenge the propriety of his having been directed to the pick-up area. His sole contention is that, before the roadblock seizure and his accompanying arrest can be found to be lawful, the Commonwealth must show that there is no equally effective, yet less intrusive, method of enforcing G. L. c. 90, Section 24 (1986 ed.). A majority of the court today has rejected that contention in Commonwealth v. Shields, ante 162 (1988). A majority of the court therefore concludes that the judgment in this case is affirmed.
Carol A. C'Miel for Addie's, Inc.
Peter Slepchuk, Jr., for the plaintiff.
In this case, the plaintiff, Margarita Camacho-Ortiz, appeals from the grant of summary judgment for the defendant, Addie's, Inc., doing business as Pal Joey's, in a negligence action commenced pursuant to G. L. c. 231, Section 60F (1986 ed.). We transferred the case to this court on our own motion. Where summary judgment was granted on the ground that the court was without authority to enlarge the ninety-day period provided for filing an affidavit, see G. L. c. 231, Section 60F (1986 ed.), that ruling was in error. See Croteau v. Swansea Lounge, Inc., ante 419 (1988), decided today.
The order of the Superior Court granting the motion for summary judgment is vacated and the case is remanded for further proceedings.
[Note 1] Of Enid L. Rodriguez, and as administratrix of the estate of Waleska E. Melendez-Camacho.
[Note 2] Addie's Inc., doing business as Pal Joey's.