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Criminal Procedure Keyed to Miller
Commonwealth v. Porter P.
Citation:923 N.E.2d 36 (Mass. 2010)
The director of the Roxbury Multi-Service Center, Inc. Family House Shelter contacted police after heading rumors that Porter P. (juvenile) had a gun. Porter P. and his mother lived at the shelter. The shelter’s manual that any resident in possession of a weapon will be terminated and staff may conduct room checks at any time without warning to monitor compliance with rules and regulations. Based on the shelter’s rules and regulations, and her possession of a master key to all the residents’ rooms, the police believed the director had the authority to consent to a police search of the juvenile’s room. The director knocked on the juvenile’s door and entered with the officers using the master key. One of the officers asked the juvenile to leave the room during the search, and they found a firearm in the closet.
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