Commonwealth v. Berry

This case, like Commonwealth v. Phifer, ante 790 (2012) (Phifer), concerns a limited search of the recent call list displayed on a cellular telephone that had been seized by the police in a warrantless search of the defendant incident to arrest.1 A judge in the Boston Municipal Court allowed the defendant’s motion to suppress evidence of this cellular telephone search, ruling that it had taken place at a location and time spatially and temporally separated from the arrest, and therefore was not a valid search incident to arrest. Before us is the Commonwealth’s interlocutory appeal from the…