Commonwealth v. Tuschall

Following a report of a “smell like drugs” emanating from the apartment of the defendant, police made two warrantless entries into his apartment. Based on observations of paraphernalia related to the manufacture of crystal methamphetamine, the police then obtained a warrant. The defendant was subsequently arrested and charged with, among other things, drug related offenses.

The defendant filed two motions in the Superior Court — one to suppress the evidence seized during the execution of the search warrant and another to suppress statements he made to police following his arrest. The judge…