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Decision Commonwealth v. Hernandez

Date: 04/27/2018
Organization: Appeals Court

Commonwealth v. Hernandez
Appeals Court, April 27, 2018
(Search and Seizure/Third party consent)

A defendant's coinhabitant may consent to a warrantless search of a closed, unlocked suitcase located in a common closet of a bedroom the coinhabitant shared with that defendant.

In this case, the police were called to a one bedroom apartment for a report of domestic violence.  When the officer arrived, a woman who shared the apartment with the defendant, lead the officer to a suitcase in the bedroom closet containing a firearm. 

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