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Appeals Court hears challenge to stop, bodycam evidence and 144-packet fentanyl seizure
Summary
In Commonwealth v. Davis, defense counsel said body-worn video and trial testimony cannot be relied on to sustain a motion-to-suppress denial; the Commonwealth said the traffic stop lawfully escalated and troopers’ observations supported probable cause for seizure of 144 fentanyl packets.
Dan Chicello, counsel for Carl S. Davis, told the panel the record on the motion to suppress cannot be supplemented with trial evidence and the court erred in relying on material not before the suppression judge. He attacked the use of body-worn camera footage that was played at trial but not admitted at the suppression hearing, and argued the trooper’s request that a locked glove compartment be opened lacked the necessary scope justification at the…
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