Commonwealth v. VillagranAnnotate this Case
A police officer, responding to a report of an unauthorized person at Milton High School, searched the defendant's backpack and discovered a firearm, money, and marijuana. The defendant unsuccessfully moved to suppress the evidence, arguing that the police officer lacked a constitutionally permissible basis for the pat-frisk and the subsequent search. He was convicted of carrying a firearm without a license, G.L. c. 269, 10(a); carrying a dangerous weapon on school grounds, 269, 10(j); possession of a firearm without a firearm identification card, 269, 10(h); disturbing a school, 272, 40; and possession of a class D substance with intent to distribute, 94C, 32C. The Massachusetts Supreme Judicial Court vacated, stating that when a police officer conducts a pat-frisk, the applicable standard for assessing its constitutionality is reasonable articulable suspicion under Terry v. Ohio and that an officer's conduct in a school setting is governed by the traditional Fourth Amendment standard. Applying the Terry standard to this case, the officer lacked reasonable articulable suspicion that the defendant had committed a crime and the circumstances of the encounter did not warrant a reasonable belief that the defendant was armed and dangerous. Nor was the search permissible under any exception to the warrant requirement.