Commonwealth v. Villagran

(dissenting, with whom Cypher, J., joins). I disagree with the court’s conclusion that it was unreasonable for Sergeant Murphy of the Milton police department to search the defendant’s bag in the circumstances. Accordingly, I would affirm the defendant’s convictions, including his conviction of wilful disturbance.

The “touchstone” of the Fourth Amendment to the United States Constitution and art. 14 of the Massachusetts Declaration of Rights is reasonableness. Commonwealth v. Blais, 428 Mass. 294, 297 (1998). Where a warrantless search is based on a reasonable suspicion that an individual…