Commonwealth v. Chism

Full title: Commonwealth v. Philip Chism, Youthful Offender No. 129605

Court: Superior Court of Massachusetts

Case no: ESCR2013-01446 001

Date published: Mar 3, 2015

Fact:

The defendant, Philip Chism, moves this court to suppress his statements and certain physical evidence obtained from him due to alleged violations of his rights under the Fourth Amendment and Article 14 of the Massachusetts Declaration of Rights. The defendant further contends that the police unjustifiably exceeded their function as community caretakers when they stopped him on Old Route 1, conducted a pat frisk, unlawfully searched his backpack without the support of a written inventory policy and violated his Miranda rights during interviews at the Topsfield and Danvers police stations. For the following reasons, the defendant’s motion is DENIED in part and ALLOWED in part.

Issue:

ORDER:

The defendant’s motion to suppress the contents of his pockets and backpack is DENIED . The defendant’s motion to suppress evidence seized at Danvers High School is DENIED . The defendant’s motion to suppress his statements at the Topsfield police station is DENIED . The defendant’s motion to suppress his statements at the Danvers police station is ALLOWED . The defendant’s motion to suppress the cell phones found near Hollywood Hits in Danvers is ALLOWED .

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