Earlier this month, a state appellate court issued a written opinion in a Massachusetts gun case requiring the court determine if a firearm that was recovered from the defendant after he was illegally stopped by police should be suppressed. The court found that the defendant’s act of punching the police officer after the illegal search had begun was an intervening criminal act justifying the defendant’s arrest and the officers’ subsequent search. Thus, the lower court’s decision to deny the defendant’s motion to suppress was affirmed.
The Facts of the Case
Several police officers were in an unmarked car when they observed what they believed to be a drug transaction. The officers circled back to see if they could confirm their suspicions, but by the time they returned to where the transaction had occurred the parties had left.
Shortly after, the officers came across a group of several men, one of whom was the defendant. Another one of the men was a known gang member. Initially, the officers thought that they may have been involved in the drug transaction, but upon approaching, they realized that not to be the case. Nevertheless, the officers exited their car and frisked members of the group, including the defendant. Nothing was recovered.