Mass. Supreme Court hears Ferrera appeal over inventory search, Guardado rule and defaced-firearm instructions

The Massachusetts Supreme Judicial Court heard oral argument Wednesday in Commonwealth v. Eric A. Ferrera, a criminal appeal that raises separate questions about (1) whether police must ask a nonarrested passenger to remove personal property before conducting an inventory search after impoundment of a moped and (2) the impact of the Guardado decision and related jury instructions on a charge involving a firearm with a defaced serial number.

Adela Apodu, attorney for Ferrera, told the court that “a new trial is appropriate” because of what she characterized as legally erroneous handling of the inventory search and preserved that point in the trial court’s motion to suppress. Apodu argued the law split inventory-search questions into two prongs — the lawfulness of impoundment and, if impoundment is lawful, the separate question of how officers must treat property inside the vehicle. She said appellate decisions such as Niccolo and Abdullah require an affirmative duty for officers to ask occupants whether they have personal belongings they want before making an inventory, when there is no apparent danger or contraband.

“We don’t have any evidence here that there was any issue about contraband or any…