Commonwealth v. Pena

The Commonwealth appeals from an order of a *714judge in the Boston Municipal Court allowing the defendants’ motion to suppress firearms found in a compartment under the rear seat of a Volkswagen in which one defendant, Juan C. Pena, was the front seat passenger. It argues that the judge erred in allowing the motion because the police had probable cause to conduct a warrantless search under a rear seat cushion in the vehicle, after discovering marijuana on the person of Pena. The Commonwealth also contends that the discovery was the result of a valid protective search based on the officers’…