Commonwealth v. Hubbard

Holding

After denying a motion to suppress, the trial court convicted the present defendant of possession with intent to distribute cocaine. The Court of Appeals vacated the conviction, holding that the trial court had erred in denying the defendant’s motion to suppress. Disagreeing with the Court of Appeals, this Court reverses that opinion and reinstates the defendant’s conviction. The meta principle — the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, U.S. Const. amend. IV — provides sufficient guidance to determine whether the officer’s retrieval of the bag of drugs from defendant’s underwear was reasonable under the circumstances of this case. After hearing the evidence and weighing the credibility of the witnesses, the trial court held it was legally and factually reasonable. Applying the governing Fourth Amendment principles and viewing the record through the proper standard of appellate review, this Court agrees.