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Appeals court splits on scope of community-caretaking and emergency-aid exceptions in backpack search

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Summary

The panel heard argument in Commonwealth v. Justin Page, docket number 24P298, over whether officers lawfully searched a defendant’s backpack during a response to what they perceived as a possible overdose.

The panel heard argument in Commonwealth v. Justin Page, docket number 24P298, over whether officers lawfully searched a defendant’s backpack during a response to what they perceived as a possible overdose.

Defense position

Edward Crane, counsel for Justin Page, urged the court to limit the community-caretaking exception and to resolve the case under the narrower emergency-aid doctrine. Crane argued the Supreme Court’s recent Coniglia decision narrowed…

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