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Panel examines limits of search-incident and protective-sweep doctrines in motel-room backpack search
Summary
In Commonwealth v. Smith the court debated whether police lawfully searched a backpack in a crowded motel room incident to arrest or via a permissible protective sweep; justices focused on the sparse factual record about where the bag sat and whether the Commonwealth met its burden to show the bag was within the 'grab area.'
The Commonwealth asked the panel to overturn a suppression order, arguing officers lawfully searched a backpack found in a small motel room incident to an arrest and as part of a protective sweep. Attorney Charlie Marshall said the documentary record (including bodycam footage) supports an inference the backpack was accessible and within the grab area of those arrested.
The…
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