Commonwealth v. Porter P.
Massachusetts Supreme Judicial Court
923 N.E.2d 36 (2010)
- Written by Paul Neel, JD
Facts
Porter P. (defendant), a juvenile, lived with his mother in a transitional family shelter. As residents of the shelter, Porter P. and his mother were issued keys to their room. Shelter rules expressly permitted shelter staff to enter rooms to conduct inspections and maintenance. Shelter staff were also permitted to escort third parties to perform repairs or other work in the rooms. The rules expressly forbade any weapons in the shelter. The shelter’s director heard that Porter P. allegedly kept a gun in his room. The director called the police for assistance. Officers arrived, read the shelter rules, and determined that the director could consent to the officers’ search of the room. Porter P. was in the room. The officers asked Porter P. to wait in the hall while they searched the room. The officers found a loaded gun and arrested Porter P. The state (plaintiff) charged Porter P. with delinquency for unlawful possession of a firearm. The trial court denied Porter P.’s motion to suppress the evidence. Porter P. was convicted and appealed.
Rule of Law
Issue
Holding and Reasoning (Gants, J.)
Dissent (Cowin, J.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.