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MA: When defendant leaves his house after a CI telephone arranged drug buy, it is reasonable to infer the drugs are kept in the house

By John Wesley Hall, Jr.

When a drug buy is arranged from the defendant by a CI and the defendant leaves his residence to go to the place for the buy, it is reasonable to infer that the drugs are kept in the residence. Commonwealth v. Bookman, 2010 Mass. App. LEXIS 1174 (September 1, 2010).* Officers were patrolling an area because of a shooting death two days earlier and a fear of high emotions and retaliation. They approached defendant for a pat down who fled. Only one of six officers saw the defendant supposedly try to secure the gun before flight, and the others didn’t, so the court finds there was no reasonable suspicion in the first place. United States v. Thompson, 2010 U.S. Dist. LEXIS 90386 (W.D. Ky. June 14, 2010).*

Full post as published by Fourth Amendment on September 04, 2010 (boomark / email).