Legal Opinion

Commonwealth v. Hernandez

Massachusetts Appeals Court

Decided April 27, 2018No. AC 17-P-377PublishedCited by 2 opinions

1Opinion of the CourtEnglander, J.

*172 This case presents the question whether the defendant's coinhabitant could validly consent to a warrantless search of a closed, unlocked suitcase located in a common closet of a bedroom she shared with the defendant. A warrantless search of the suitcase yielded a gun, which was the basis of the defendant's convictions. A District Court judge ruled that the coinhabitant's consent was valid as to the suitcase, and that the seizure of the firearm was therefore lawful. We affirm.

1. Background . a. Incident . On February 3, 2015, at 11:00 A.M. , Lynn police Officer William Stilwell responded to a…

2Cases cited15 opinions

  1. United States v. RossSupreme Court of the United States · 1982
  2. United States v. MatlockSupreme Court of the United States · 1974
  3. Commonwealth v. ScottMassachusetts Supreme Judicial Court · 2004
  4. Commonwealth v. Isaiah I.Massachusetts Supreme Judicial Court · 2007
  5. Commonwealth v. CastMassachusetts Supreme Judicial Court · 1990

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3Cited by2 opinions

  1. COMMONWEALTH v. WILKIMS SOTO-SUAZO.Massachusetts Appeals Court · 2021
  2. Commonwealth v. Kao LanoisMassachusetts Superior Court · 2025

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