464 Mass. 758 (2013)
The defendant was charged with
possession of marijuana with intent to distribute and in a
school zone violation. The trial court denied the defendant's pre-trial motion
to suppress evidence. The defendant filed an application
for leave to prosecute an interlocutory appeal. The application was granted,
and the case was reported to the Appeals Court. After transferring the case on
its own initiative from the Appeals Court, the Supreme Judicial Court held that
the warrantless search of defendant's backpack was not valid as a search
incident to arrest.
The Supreme Judicial Court reviewed
the defendant’s claim that the search violated the Fourth and Fourteenth
Amendments of the United States’ Constitution. One requirement of a
lawful search incident to arrest is a basis to arrest the suspect before
searching him. The court ruled that the social
passing of marijuana does not fall under distribution but is
rather considered possession. Thus the officers'
observation of the defendant and two others passing a marijuana cigarette back
and forth did not provide sufficient probable cause to arrest the defendant.
The court concluded that the defendant’s motion to suppress should have been
allowed. The order was reversed and the case was remanded
for further proceedings.
Written 7/2013
