Abella said over the weekend. Once at the station, the officers decided to strip search the defendant, since they had not recovered any drugs as a result of the patfrisk. Laura Crimaldi can be reached at laura. For this reason, I respectfully dissent. The motion judge made no finding that the defendant was reaching toward, reaching into, shielding, or attempting to shield his groin area or buttocks, although the Commonwealth argued for such a finding. A manager at Auckland Prison says a strip search - prompted by a violent attack on staff - resumed despite an intelligence officer saying there was no evidence to support it.
Massachusetts Appeals Court Delivers Troubling Decision on Strip Searches
The security of the inmates and the safety of the search team was a priority," Abella said. Shortly thereafter, a second pedestrian approached the defendant in front of the building and appeared to be counting money. Palmer , which held prisoners lack privacy interests in their cells. Torres was familiar with the Bellingham Square area of Chelsea. Police had a right to stop Kamau on Andrew Street and conduct a general search, but should have taken him to a more secluded area before reaching into his pants and removing the cocaine in his underwear, the judge wrote. During his career as a police officer, Torres received regular training, including instruction in drug recognition, common methods of packaging for street level drug distribution, quantities of drugs commonly bought and sold on the street, and street terms often used in the drug trade.
AGOGO, COMMONWEALTH vs., 93 Mass. App. Ct.
United States, supra at The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Oregon Live LLC. Here, it is important to note that the defendant has not claimed that the manner or place in which the strip search was conducted was unreasonable, and the judge did not so find. The police officers drove their cruiser on Fourth Street toward the building, turned left onto Division Street, and activated their emergency lights. A three-judge panel of the 9 th U. The officers focused on a multifamily residential building located at 9-ll Fourth Street building. Unlike the defendant in Commonwealth v.
The officers decided that a more thorough search of the defendant was necessary, and Betz decided to conduct a strip search of the defendant. Under the Fourth Amendment to the United States Constitution, a strip search may be justified upon arrest for drug distribution, but a visual body cavity search requires a more particularized suspicion that contraband is being concealed. Have you been unlawfully stopped and searched in Massachusetts and charged with a crime? The ruling came five weeks after defense lawyer Matthew Hutchinson filed a motion to bar prosecutors from using the drug evidence at trial. At some point, the booking procedure was suspended. The dissent was written by Chief Justice Ralph D.
2 years ago