Commonwealth v. Morales

The Commonwealth appeals from an order entered in the Superior Court suppressing drugs seized from between the defendant’s buttocks pursuant to a search incident to his arrest following a lawful automobile stop. During the *335search of the defendant, who was lying face down on a sidewalk and whose arms were handcuffed behind his back, the defendant’s buttocks were exposed to public view. After an evidentiary hearing, the judge entered a memorandum of decision and order in which he ordered that the drugs be suppressed because, in the course of the search incident to his arrest, the defendant was…