In a recent case before an appeals court in Massachusetts, the defendant argued his motion to suppress incriminating evidence should have been granted by the lower court. According to the defendant, the officer that found a firearm on his person unlawfully searched him, and thus the evidence should not have been considered admissible by the trial court. On appeal, the higher court looked at the case law and ultimately determined that the officer was within his rights when he conducted the search, and that thus the firearm was admissible after all.
Facts of the Case
According to the opinion, police officers were executing a valid search warrant at the home of the defendant’s brother-in-law one evening in September 2018. The officers were investigating the brother-in-law for possession of illegal drugs and firearms, and they did not realize that the defendant also lived at the residence as they conducted their search. The brother-in-law was present for the officers searched his home, and he willingly cooperated throughout the process.
Midway through the officers’ search, the defendant opened the locked front door and walked into the home. One of the officers immediately approached the defendant and grabbed his wrists, afraid that he would be a threat to the rest of the search. While the officer was putting the defendant in handcuffs, he felt an object around the defendant’s waistband and found a firearm.