Commonwealth v. Lunden

The defendant is charged in a seven count indictment that includes drug offenses and multiple charges of breaking and entering in the nighttime with the intent to commit a felony. The principal question raised by the Commonwealth’s interlocutory appeal is whether, as determined by the motion judge, the deoxyribonucleic acid (DNA) evidence that the Commonwealth proposes to offer against the defendant, which is derived from a 2007 blood sample from the defendant, must be suppressed as the “fruit of the poisonous tree,” namely, the blood sample seized unlawfully from the defendant in 2000. See…