On May 24, 2006 at approx. 10:00AM Beverly Police were called to a restaurant where the arriving officer observed a woman thrashing about on the floor. Paramedics were summoned and upon arrival asked if the woman was 'on' anything. The P.O. observed her purse nearby and opened it and discovered what turned out to be several marijuana cigarettes and 2 vials of what was later determined to be cocaine.
The woman was transported and treated and later charged. The motion Judge threw out the evidence as a a warrantless search - Commonwealth filed an interlocutory appeal and the Appeals Court reversed citing an emergency exception to the requirement of a warrant.
My guess is that we haven't heard the last of this yet, but what are your thoughts? To what level does an emergency need to rise in order for constitutionally protected rights to be given a back seat?
Here is the link to the decision:
http://www.masslawyersweekly.com/signup ... 106208.htm