Commonwealth v. DeJesus

The Commonwealth appealed from an order entered in the Superior Court suppressing evidence seized by the police during a search of the defendant’s apartment. The search was conducted pursuant to a warrant issued, in part, on a description of cocaine and drug paraphernalia observed by police officers during a prior warrantless “protective sweep” of the apartment following the defendant’s arrest.1 After an evidentiary hearing, the judge entered a memorandum of decision and order in which he ruled that the evidence must be suppressed because no exigent circumstances excused the officers’ failure…