Commonwealth v. Holloway

On August 11, 2010, Sergeant Detective Joseph Horton arrested the defendant at a residential housing complex of the Boston Housing Authority after recognizing the defendant to be on the Boston Housing Authority’s “no-trespass list.” In effectuating the arrest, Sergeant Horton seized two mountain bicycles located near the defendant, only one of which the defendant said was his. Upon the factual record, we conclude there was no ground on which the police could properly seize the bicycles.1

First, seizure of the bicycles was beyond the scope of a search incident to the lawful, underlying arrest…