Commonwealth v. Kaeppeler

“We all see something different in the bottom of a tequila bottle. Such is life.” The motion judge’s erudite observations, made during the motion to suppress hearing about the Barnstable police officers’ actions at the defendant’s home, likewise ring true with regard to the emergency exception to the warrant requirement. It is because the court sees the emergency exception too narrowly as a reprieve from the warrant requirement that I respectfully dissent.

There are two particular points made by the court with which I disagree. The first point is that the officers, on arriving at the…