Recently, the Appeals Court of Massachusetts affirmed a lower court’s denial of a defendant’s motion to suppress evidence. The case arose when the Worcester Police were granted a search warrant for the defendant’s apartment and followed the defendant as he was seen leaving the apartment building in a motor vehicle. After the vehicle sped away, the police returned to the apartment building and executed the search warrant. An officer knocked three times on the apartment door, announced that the police were present with a search warrant, and the officers waited five to eight seconds before entering the apartment with force. The apartment search revealed several items, including a firearm and ammunition.
The defendant filed a motion to suppress, arguing that the failure of the police to knock or announce their presence at all before forcing entry into the apartment should prevent the items found in his apartment from being used against him in court.
Generally, when reviewing a lower court’s decision on a motion to suppress, the appeals court must accept the lower court judge’s findings of fact unless there is some clear error made by the lower court judge. Also, in instances where there is conflicting testimony regarding a particular event, it is left up to the lower court judge to determine the weight and credibility of any oral testimony presented at the motion to suppress hearing.