Commonwealth v. Rutledge (and 16 companion cases) (Lawyers Weekly No. 11-088-14)
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13-P-965 Appeals Court
COMMONWEALTH vs. ROBERT RUTLEDGE (and sixteen companion cases[1]).
No. 13-P-965. July 25, 2014.
Firearms. Constitutional Law, Stop and frisk, Search and seizure, Probable cause. Search and Seizure, Protective frisk, Container, Exigent circumstances, Probable cause. Probable Cause. Practice, Criminal, Motion to suppress.
The defendants were charged with, inter alia, numerous firearms offenses. A judge in the Superior Court allowed the defendants’ motions to suppress a firearm seized after a warrantless search of a backpack following an investigatory stop of a motor vehicle. The Commonwealth appeals, contending that a preliminary patfrisk of the backpack was not necessary as a prerequisite to the search. We affirm.