Recently, a state appellate court issued an opinion in a Massachusetts drug possession case discussing whether evidence seized as a result of the police officers’ decision to “freeze” a home while the officers obtained a search warrant. The court ultimately determined that the officers were unable to identify any “specific information supporting an objectively reasonable belief that evidence will indeed be removed or destroyed.” Thus, the court held that the defendant’s motion to suppress should be granted.
The Facts of the Case
According to the court’s opinion, police officers were investigating a home after they received a tip that the house was involved in a prostitution ring. An undercover officer entered the home and pretended to be a customer. After being offered sex for money, the officers called in backup to arrest several people inside the house.
Evidently, the arresting officers noticed that other people were in the home, and decided to “freeze” the home, meaning to conduct a search to remove all occupants. In an upstairs bedroom, police found the defendant who was in possession of crack cocaine. The defendant was arrested and charged with possession of a class B substance.