Commonwealth v. Whitehead

Following a jury-waived trial, a District Court *135judge found the defendant guilty of carrying a firearm without a license, G. L. c. 269, § 10(a), and carrying a firearm on school grounds, G. L. c. 269, § 10(/). The defendant now appeals from the denial of his motion to suppress a firearm, together with all the evidence that was obtained as a result of a police officer’s patfrisk and search of the backpack the defendant had strapped to his back.1 The issue before us is whether the motion judge correctly found that the police officer’s patfrisk and search of the backpack were permissible, where…