Commonwealth v. Kiser

Before trial on indictments charging trafficking in cocaine, possession of a controlled substance in a school zone, assault and battery on a police officer, and possession of *648marijuana, the defendant raised a claim that police had unlawfully entered his apartment and unlawfully seized items kept in his bedroom.

A Superior Court judge held an evidentiary hearing on the defendant’s motion to suppress evidence of cocaine, marijuana, and assorted drug-related paraphernalia alleged to belong to the defendant and found “in plain view.” Thereafter, the judge allowed the defendant’s motion to suppress…