Commonwealth v. Jason Deramo (Massachusetts 2002)

Summary

The court affirmed the conviction, holding that the officer had reasonable suspicion to stop the defendant based on his recognition of the defendant and his vehicle and his recent knowledge that the defendant's license was subject to lengthy revocations. The court also held that a copy of registry records lacking an original attestation was improperly admitted, but the error was harmless because the properly authenticated records and other evidence established the required elements, including the defendant's actual knowledge of the revocation.

Holding

Reasonable suspicion for the vehicle stop. The officer had reasonable suspicion to stop the defendant's vehicle because he recognized the defendant and the vehicle and reasonably inferred from the recent information about lengthy license revocations that the defendant was operating without a valid license. A current license check was not required before the stop.

Authentication of registry records. The copy of the registry records offered by the prosecutor was not properly authenticated because the registrar had not provided an original attestation for that precise copy. The copied attestation did not establish that the registrar had examined and certified the accuracy and completeness of the later copy.

Prejudice from erroneous admission and sufficiency of the remaining evidence. The erroneous admission of the October 17, 1996, notice was harmless. The properly authenticated registry records established that the revocation resulted from operating under the influence of alcohol, and the defendant's statements and surrounding circumstances established actual knowledge that his license had been revoked.

Summary

Holding

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