Commonwealth v. Streeter

The strong aroma of marijuana emanating from an apartment led police to knock on its front door and announce their presence. The nervous behavior and evasive answers of the defendant, Matthew Streeter, and the known presence of others in the apartment resulted in the police requiring the locked apartment to be opened and a limited search to be conducted, prior to obtaining a search warrant. Inside the apartment they saw marijuana in plain view, and one officer felt a gun in a closed bag. At issue is whether the evidence obtained from inside the apartment should have been excised from the…