Commonwealth v. Whitmore

OPINION OF THE COURT

This appeal is from a decision of the Court of Appeals which reversed the conviction of Whitmore of one count of first-degree trafficking in a controlled substance. He had received a six-year sentence of imprisonment.

The questions presented are whether the search of Whitmore was constitutional; whether the seizure of the crack cocaine in his pocket was proper under the “plain feel” rule, and whether the jury instructions violated principles of unanimity of verdict.

The police went to a residence to serve an arrest warrant for an assault. They were allowed inside by a…