Commonwealth v. Myers

The defendants Anthony Myers and Richard Harwood were charged with violations of the controlled substances act (G. L. c. 94C). This interlocutory appeal by the Commonwealth (Mass.R.Crim.P. 15[a][2], 378 Mass. 882 [1979]) challenges the suppression by a judge of the Boston Municipal Court, on the motion of Myers, of evi dence seized without a warrant from Myers’ automobile which was parked in an apartment house parking lot. The critical question is whether the Commonwealth has met its burden of proving exigent circumstances although the facts indicate that it was feasible to post a guard over…