Commonwealth v. Andujar

Andujar’s Sr.’s, apartment was in the front of the building, Andujar, Jr.’s, in the rear. The warrant authorized the search of Jr.’s apartment (“Name of owner, occupant or possessor of said premises to be searched . . . Julio Andujar, Jr.”). The police did search Jr.’s apartment, but before they did, they entered and started to search Sr.’s apartment, only desisting and proceeding to Jr.’s apartment when Sr. protested.1

The majority holds that the search of Sr.’s apartment was legal. This holding, I submit, is in error. Contrary to the majority, there were indications on the exterior of the…