Commonwealth v. Eugene

Defendant, Jude Eugene, stands indicted for trafficking in and possession of a controlled substance with the intent to distribute. Defendant now moves to suppress evidence derived from warrantless searches of his anal cavity and the vehicle in which he was a passenger on the ground that they were conducted in violation of the due process clauses of the Fifth and Fourteenth Amendments of the United States Constitution and articles 12 and 14 of the Massachusetts Declaration of Rights.

On March 24 and 25, 1997,1 conducted an evidentiary hearing. For the reasons stated below, defendant’s motion to…