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Appeals court weighs whether manager's search of backpack created state action in Carvajal Morales suppression fight
Summary
Appellant argued the evidentiary record is inadequate to decide a suppression motion because the suppression-hearing transcript is missing and disputed whether a private manager opened the backpack before police arrival; the Commonwealth said the motion judge's factual findings and body-camera exhibits supported denial of suppression.
The Appeals Court heard argument in Commonwealth v. Carvajal Morales, Docket No. 25-P-0420, over whether evidence obtained after a workplace discovery of a firearm should have been suppressed.
Appellant counsel Ian Konowitz told the panel the record lacked a transcript of the suppression hearing and that without it the court could not reliably infer key facts. He identified the central factual dispute as whether the general manager of the workplace, Kristen Picard, opened the defendant's backpack and discovered the firearm…
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