Commonwealth v. Lopez

In the course of performing a public service — collecting a dirty needle at the request of a motel manager — Officer Desimone entered the defendant’s motel *827room and happened upon drugs and a gun that he had no prior interest in finding. It is not difficult to understand why, in trying to retrieve the dirty needle as requested, Officer Desimone went to what he thought was the motel manager’s room, nor is it difficult to appreciate how one thing may have led to another thereafter. We nonetheless must not lose sight of the fact that he was acting in his capacity as a police officer when, without…