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Appeals court hears argument over scope of warrant in Commonwealth v. Hansen
Summary
The panel considered whether police exceeded a search warrant when they entered and searched a second-floor apartment alleged to be a separate unit; advocates disputed whether the apartments were distinct or treated as a single dwelling and whether information developed during a search can expand a warrant’s boundary.
The Massachusetts Appeals Court heard April 10 argument in Commonwealth v. Barry A. Hansen over whether a search warrant for a first-floor apartment permitted police to search an upstairs second-floor apartment.
Anne Kennedy, arguing for the Commonwealth, told the panel the evidence the officers saw when they entered — a back hall treated as continuous living space and statements from occupants that the two units were rented and used as one — supported searching the upstairs area as part and parcel of the…
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