Commonwealth v. Peters

The defendant filed a motion in the Superior Court to suppress evidence seized by Falmouth police officers during the execution of a search warrant at his home. The probable cause for the warrant was based in large part on the police officers’ earlier observation of a handgun and illegal drugs during *819the second of two warrantless “protective sweeps” of the residence. After an evidentiary hearing, a judge entered a memorandum of decision and order in which he ruled that the evidence must be suppressed because, although the officers’ initial entry and sweep through the residence was lawful…