MA: PC and risk of destruction of evidence permitted warrantless entry into co-conspirator’s apartment after warning of raid created exigency

When police were executing a search warrant for evidence of identity theft and fraud, one of the co-conspirators called another in another apartment in the same building to say the police were on to them. That sufficiently raised fears of destruction of evidence justifying a warrantless entry into the other apartment. There was probable cause for that entry. Commonwealth v. Soto-Suazo, 2021 Mass. App. LEXIS 122 (Oct. 25, 2021).

Police had a search warrant for defendant’s car for his cell phone. There was no stop: They followed him to a Walmart parking lot, walked up to his car, and saw the phone in the car. That justified the search of the car. Moreover, the automobile exception also applies. People v. Malette, 2021 Mich. App. LEXIS 5997 (Oct. 21, 2021).*

Defendant’s search claim was litigated on the merits and appealed. It can’t be relitigated in a 2255. Sigouin v. United States, 2021 U.S. Dist. LEXIS 204285 (S.D.Fla. Oct. 21, 2021).*