Commonwealth v. Jeannis

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The Supreme Judicial Court affirmed the judgment of the trial court denying Defendant's motion to suppress drug evidence, holding that the reveal of a plastic bag protruding from the cleft between Defendant's buttocks was within the scope of the lawful strip search and that the actions taken by the police were reasonable. During a lawfully strip search following Defendant's arrest, police officers caused Defendant to move a plastic bag from between his buttocks. The bag was revealed to contain individually wrapped plastic bags of heroin and cocaine. Defendant moved to suppress the drugs found in the plastic bag removed during the strip search. The trial court denied the motion. The Appeals Court reversed, concluding that the police were required under the circumstances to apply for a search warrant to remove the bag because they had failed to ascertain that "no portion of the bag was within Defendant's rectum," which search would require a warrant. The Supreme Judicial Court disagreed, holding that the motion to suppress was properly denied because the Commonwealth met its burden of showing that the protruding plastic bag was not lodged or embedded in Defendant's rectum and that its removal did not cause any manipulation of the rectum. View "Commonwealth v. Jeannis" on Justia Law