COMMONWEALTH v. TATUM

No. SJC-11167.

466 Mass. 45 (2013)

COMMONWEALTH v. JUSTIN TATUM.

Supreme Judicial Court of Massachusetts, Plymouth.

July 22, 2013.


Attorney(s) appearing for the Case

Alison R. Bancroft for the defendant.

Gail M. McKenna , Assistant District Attorney, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


BOTSFORD, J.

Armed with three active arrest warrants for the defendant, a State police officer applied for and obtained a search warrant to search for him in someone else's residence. When the police executed the warrant, they found and arrested the defendant inside the residence, but in doing so, they also observed in plain view what they believed to be cocaine, marijuana, and other items consistent with drug distribution. Based on this evidence, which was seized...

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