Commonwealth v. Alvarez

**1018 The defendant contends that by glancing at the ringing cell phone and observing a text message on its outer screen, the officer conducted a search. In a motion to suppress, the defendant bears the initial burden of establishing that a search occurred pursuant to the Fourth Amendment to the United States Constitution. See Commonwealth v. D'Onofrio , 396 Mass. 711 , 714-715, 488 N.E.2d 410 (1986). See also Commonwealth v. Boyarsky , 452 Mass. 700 , 708, 897 N.E.2d 574 (2008), quoting Commonwealth v. Netto , 438 Mass. 686 , 697, 783 N.E.2d 439 (2003) ("burden is initially on the…