Commonwealth v. McAfee

Before us is the defendant’s interlocutory appeal from the denial of his motion to suppress evidence obtained after the police made a warrantless entry into his dwelling to impound the premises while a search warrant was sought. Broadly put, the issues raised here concern whether the warrant-less intrusion was constitutionally permissible and, if not, whether the independent source or inevitable discovery rules nonetheless rendered the evidence admissible. The motion judge held evidentiary hearings and made written findings of fact and rulings of law. We begin by summarizing the explicit…