Commonwealth v. Marchione

The Commonwealth appeals from an order of a Superior Court judge suppressing evidence gathered in a warrantless search of premises leased by the defendants. 2 We conclude that the search was permissible under the exigency exception to the constitutional prohibition of warrantless searches and seizures, and we therefore vacate the order.

We summarize the evidence presented at the suppression hearing. In 1975, the defendants were tenants of one unit in a two-unit commercial building on Main Street in Med-ford. The building consisted of one floor at street level and a cellar, and was divided at…