benefit of leisured retrospective analysis in Massachusetts

2025"Reasonableness must be evaluated in relation to the scene as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis." Commonwealth v. McDermott, 448 Mass. 750, 766 , cert. denied, 552 U.S. 910 (2007), quoting Commonwealth v. Young, 382 Mass. 448, 456 (1981). 7 Here, the officers had probable cause to believe that there was an unlicensed, unsecured firearm in the hotel room, and an unknown person either was in the room or had access to it.

2022In determining whether exigent circumstances justify a warrantless search, a court considers the situation “as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis.” Id. at 50, quoting Commonwealth v. Young, 382 Mass. 448, 456 (1981).

2017See Commonwealth v. Kaeppeler , 473 Mass. 396 , 402-403 (2015), quoting from Commonwealth v. Townsend , 453 Mass. 413 , 425-426 (2009) ("Reasonableness must be 'evaluated in relation to the scene as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis' ").

2015“Reasonableness must be ‘evaluated in relation to the scene as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis.’ ” Commonwealth v. Townsend, 453 Mass. 413, 425-426 (2009), quoting Commonwealth v. Young, 382 Mass. 448, 456 (1981).

2005In justifying action under this doctrine the Commonwealth has the burden of showing, Commonwealth v. Viriyahiranpaiboon, 412 Mass. 224, 227 (1992), that ‘the authorities had reasonable ground to believe that an exigency existed, and. . . that the actions [of the police] . . . were reasonable under the circumstances.’ Commonwealth v. Marchione, 384 Mass. 8, 10-11 (1981).” Commonwealth v. Morrison, 429 Mass. 511, 515 (1999). “[W]hether an exigency existed, and whether the response of the police was reasonable and therefore lawful, are matters to be evaluated in relation to the scene as it could

1995Contrast Commonwealth v. Young, 382 Mass. at 454-457 (police entered after discovery of brutally murdered body in basement and trail of blood leading to the entered apartment, where they believed the suspect was lurking); Commonwealth v. Marchione, 384 Mass. at 9-12 (entry justified where building owner discovered that defendant tenant’s cellar floor was covered with fuel oil and that gasoline was stored in open containers near a homemade incendiary device and oil burner); Commonwealth v. Paniaqua, 413 Mass. 796, 797-798 (1992) (entry lawful into apartment from which police reasonably believed

2022The court thus considers “the totality of the circumstances.” Id., citing Commonwealth v. Forde, 367 Mass. 798, 801 (1975).

2014In determining whether a warrantless search falls within the narrow exception of exigent circumstances, we consider “the circumstances in their totality,” Commonwealth v. Forde, 367 Mass. 798, 801 (1975), and evaluate these circumstances as they were known to the officers at the time rather than “with the benefit of leisured retrospective analysis.” Tyree, supra at 691 , quoting Commonwealth v. DeJesus, 439 Mass. 616 , 620 n.3 (2003).

2019Commonwealth v. Kaeppeler , 473 Mass. 396 , 402-403, 42 N.E.3d 1090 (2015), quoting Commonwealth v. Townsend , 453 Mass. 413 , 425-426, 902 N.E.2d 388 (2009).

2017See Commonwealth v. Kaeppeler , 473 Mass. 396 , 402-403 (2015), quoting from Commonwealth v. Townsend , 453 Mass. 413 , 425-426 (2009) ("Reasonableness must be 'evaluated in relation to the scene as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis' ").

2008Compare Commonwealth v. Ortiz, 435 Mass. 569, 574 (2002), quoting from Commonwealth v. Young, 382 Mass. 448, 456 (1981) (concluding “[t]he officers were in the midst of a very hectic scene, and their response is ‘to be evaluated in relation to the scene as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis’ ”).

2008See Commonwealth v. Ortiz, 435 Mass. 569, 574 (2002), quoting from Commonwealth v. Young, 382 Mass. 448, 456 (1981) (“The officers were in the midst of a very hectic scene, and their response is ‘to be evaluated in relation to the scene as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis’ ”).

2001See Commonwealth v. Pietrass, 392 Mass. 892, 898 (1984); Commonwealth v. Hurd, 29 Mass. App. Ct. 929, 930-931 (1990). “[Wjhether an exigency existed, and whether the response of the police was reasonable and therefore lawful, are matters to be evaluated in relation to the scene as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis.” Commonwealth v. Young, 382 Mass. 448, 456 (1981).

1995Contrast Commonwealth v. Young, 382 Mass. at 454-457 (police entered after discovery of brutally murdered body in basement and trail of blood leading to the entered apartment, where they believed the suspect was lurking); Commonwealth v. Marchione, 384 Mass. at 9-12 (entry justified where building owner discovered that defendant tenant’s cellar floor was covered with fuel oil and that gasoline was stored in open containers near a homemade incendiary device and oil burner); Commonwealth v. Paniaqua, 413 Mass. 796, 797-798 (1992) (entry lawful into apartment from which police reasonably believed

1995Contrast Commonwealth v. Young, 382 Mass. at 454-457 (police entered after discovery of brutally murdered body in basement and trail of blood leading to the entered apartment, where they believed the suspect was lurking); Commonwealth v. Marchione, 384 Mass. at 9-12 (entry justified where building owner discovered that defendant tenant’s cellar floor was covered with fuel oil and that gasoline was stored in open containers near a homemade incendiary device and oil burner); Commonwealth v. Paniaqua, 413 Mass. 796, 797-798 (1992) (entry lawful into apartment from which police reasonably believed

1989Those factors enumerated in DiSanto, supra, as (1), (2), (3), and (6), exist in the present case.

2015See Commonwealth v. Molina, 439 Mass. 206, 209 (2003); Commonwealth v. Huffman, 385 Mass. 122, 125 (1982). “[Wjhether an exigency existed, and whether the response of the police was reasonable and therefore lawful, are matters to be evaluated in relation to the scene as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis.” Commonwealth v. Young, supra. Here, two officers used LoJack receivers to identify the garage as the probable location of the stolen vehicle.

2015See Commonwealth v. Molina, 439 Mass. 206, 209 (2003); Commonwealth v. Huffman, 385 Mass. 122, 125 (1982). “[Wjhether an exigency existed, and whether the response of the police was reasonable and therefore lawful, are matters to be evaluated in relation to the scene as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis.” Commonwealth v. Young, supra. Here, two officers used LoJack receivers to identify the garage as the probable location of the stolen vehicle.

2015See Commonwealth v. Porter P., 456 Mass. 254, 270 (2010) (“We evaluate the reasonableness of a police officer’s conduct based on the information available to him at the time, not on what we later learn to be true”).

2015See Commonwealth v. Porter P., 456 Mass. 254, 270 (2010) ("We evaluate the reasonableness of a police officer's conduct based on the information available to him at the time, not on what we later learn to be true").

2013See Commonwealth v. Young, 382 Mass. 448, 456 (1981) (“whether an [emergency] existed, and whether the response of the police was reasonable and therefore lawful, are matters to be evaluated in relation to the scene as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis”); Commonwealth v. Robbins, 407 Mass. 147, 152 (1990) (constitutional principles did not require officers “to gamble with their personal safety”); Commonwealth v. Smigliano, 427 Mass. 490, 501-502 (1998) (Fried, J., concurring) (appendi

2013See Commonwealth v. Young, 382 Mass. 448, 456 (1981) (“whether an [emergency] existed, and whether the response of the police was reasonable and therefore lawful, are matters to be evaluated in relation to the scene as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis”); Commonwealth v. Robbins, 407 Mass. 147, 152 (1990) (constitutional principles did not require officers “to gamble with their personal safety”); Commonwealth v. Smigliano, 427 Mass. 490, 501-502 (1998) (Fried, J., concurring) (appendi

2005In justifying action under this doctrine the Commonwealth has the burden of showing, Commonwealth v. Viriyahiranpaiboon, 412 Mass. 224, 227 (1992), that ‘the authorities had reasonable ground to believe that an exigency existed, and. . . that the actions [of the police] . . . were reasonable under the circumstances.’ Commonwealth v. Marchione, 384 Mass. 8, 10-11 (1981).” Commonwealth v. Morrison, 429 Mass. 511, 515 (1999). “[W]hether an exigency existed, and whether the response of the police was reasonable and therefore lawful, are matters to be evaluated in relation to the scene as it could

2005In justifying action under this doctrine the Commonwealth has the burden of showing, Commonwealth v. Viriyahiranpaiboon, 412 Mass. 224, 227 (1992), that ‘the authorities had reasonable ground to believe that an exigency existed, and. . . that the actions [of the police] . . . were reasonable under the circumstances.’ Commonwealth v. Marchione, 384 Mass. 8, 10-11 (1981).” Commonwealth v. Morrison, 429 Mass. 511, 515 (1999). “[W]hether an exigency existed, and whether the response of the police was reasonable and therefore lawful, are matters to be evaluated in relation to the scene as it could

2001See Commonwealth v. Pietrass, 392 Mass. 892, 898 (1984); Commonwealth v. Hurd, 29 Mass. App. Ct. 929, 930-931 (1990). “[Wjhether an exigency existed, and whether the response of the police was reasonable and therefore lawful, are matters to be evaluated in relation to the scene as it could appear to the officers at the time, not as it may seem to a scholar after the event with the benefit of leisured retrospective analysis.” Commonwealth v. Young, 382 Mass. 448, 456 (1981).

1995Contrast Commonwealth v. Young, 382 Mass. at 454-457 (police entered after discovery of brutally murdered body in basement and trail of blood leading to the entered apartment, where they believed the suspect was lurking); Commonwealth v. Marchione, 384 Mass. at 9-12 (entry justified where building owner discovered that defendant tenant’s cellar floor was covered with fuel oil and that gasoline was stored in open containers near a homemade incendiary device and oil burner); Commonwealth v. Paniaqua, 413 Mass. 796, 797-798 (1992) (entry lawful into apartment from which police reasonably believed

1995Contrast Commonwealth v. Young, 382 Mass. at 454-457 (police entered after discovery of brutally murdered body in basement and trail of blood leading to the entered apartment, where they believed the suspect was lurking); Commonwealth v. Marchione, 384 Mass. at 9-12 (entry justified where building owner discovered that defendant tenant’s cellar floor was covered with fuel oil and that gasoline was stored in open containers near a homemade incendiary device and oil burner); Commonwealth v. Paniaqua, 413 Mass. 796, 797-798 (1992) (entry lawful into apartment from which police reasonably believed

1995Contrast Commonwealth v. Young, 382 Mass. at 454-457 (police entered after discovery of brutally murdered body in basement and trail of blood leading to the entered apartment, where they believed the suspect was lurking); Commonwealth v. Marchione, 384 Mass. at 9-12 (entry justified where building owner discovered that defendant tenant’s cellar floor was covered with fuel oil and that gasoline was stored in open containers near a homemade incendiary device and oil burner); Commonwealth v. Paniaqua, 413 Mass. 796, 797-798 (1992) (entry lawful into apartment from which police reasonably believed

1995Contrast Commonwealth v. Young, 382 Mass. at 454-457 (police entered after discovery of brutally murdered body in basement and trail of blood leading to the entered apartment, where they believed the suspect was lurking); Commonwealth v. Marchione, 384 Mass. at 9-12 (entry justified where building owner discovered that defendant tenant’s cellar floor was covered with fuel oil and that gasoline was stored in open containers near a homemade incendiary device and oil burner); Commonwealth v. Paniaqua, 413 Mass. 796, 797-798 (1992) (entry lawful into apartment from which police reasonably believed

1995Contrast Commonwealth v. Young, 382 Mass. at 454-457 (police entered after discovery of brutally murdered body in basement and trail of blood leading to the entered apartment, where they believed the suspect was lurking); Commonwealth v. Marchione, 384 Mass. at 9-12 (entry justified where building owner discovered that defendant tenant’s cellar floor was covered with fuel oil and that gasoline was stored in open containers near a homemade incendiary device and oil burner); Commonwealth v. Paniaqua, 413 Mass. 796, 797-798 (1992) (entry lawful into apartment from which police reasonably believed

1995Contrast Commonwealth v. Young, 382 Mass. at 454-457 (police entered after discovery of brutally murdered body in basement and trail of blood leading to the entered apartment, where they believed the suspect was lurking); Commonwealth v. Marchione, 384 Mass. at 9-12 (entry justified where building owner discovered that defendant tenant’s cellar floor was covered with fuel oil and that gasoline was stored in open containers near a homemade incendiary device and oil burner); Commonwealth v. Paniaqua, 413 Mass. 796, 797-798 (1992) (entry lawful into apartment from which police reasonably believed