Commonwealth v. Arias

LOWY, J. (concurring).

I agree with the court that "the warrantless search was not justified under the emergency aid exception." Ante at ----, 119 N.E.3d at 270. I also agree that the search was not justified under the probable cause and exigent circumstances exception "[b]ecause officers lacked a reasonable basis to believe that an exigency existed in unit 5A." Id. at ----, 119 N.E.3d at 273. But unlike the court, I am convinced that the officers had probable cause to enter the apartment.

"Reasonableness must be evaluated in relation to the scene as it could appear to the officers at the time,…