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Appeals court considers whether emergency aid justified warrantless entry after violent disturbance
Summary
In Commonwealth v. Michelin (23P1322) the panel debated whether police entry into a basement apartment was justified by exigent circumstances/emergency-aid after officers encountered a bloody, unconscious person in a common hallway; the court took the case under advisement.
The Massachusetts Appeals Court heard argument in Commonwealth v. Michelin, docket 23P1322, on whether officers lawfully entered a basement apartment without a warrant after being told there was "a guy laid out" and then observing a seriously injured person in a common hallway.
Attorney Terry Treviakis, representing John Michelin, argued the motion judge properly found officers lacked sufficient exigent circumstances or a valid emergency-aid justification to cross from the common hallway into the apartment and to make a warrantless search. Treviakis…
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