Commonwealth v. O'CONNOR

During a pat-search for weapons, a Burlington police officer seized controlled substances from the defendant in what the Commonwealth concedes was a violation of the defendant’s constitutional right to be free from unreasonable searches and seizures. When -the police officer seized the drugs, he had already determined to “assist” the defendant to the Burlington police station pursuant to his authority under G. L. c. 11 IB, § 8 (1988 ed.), because, in his view, the defendant was a person incapacitated “by reason of the consumption of intoxicating liquor” who was “likely to suffer or cause…