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COMMONWEALTH v. HERNANDEZ

No. 17-P-377.

93 Mass. App. Ct. 172 (2018)

COMMONWEALTH v. JOSE HERNANDEZ.

Appeals Court of Massachusetts, Essex.

April 27, 2018.

Attorney(s) appearing for the Case

Carmine P. Lepore for the defendant.

Ronald DeRosa , Assistant District Attorney, for the Commonwealth.

Present: WOLOHOJIAN, MILKEY, & ENGLANDER, JJ.

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...

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