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Fred Baskin v. Massachusetts

IFP petition · Appeals Court of Massachusetts, No. 23-P-764 · judgment June 11, 2025


Certiorari denied · January 26, 2026

Question presented

I. Whether the Fourth Amendment is violated and requires suppression of evidence, when the police conduct a warrantless search of the arrestee’s backpack (that the police have removed from him and have in their custody outside of his grasp-area) when: 1) the arrestee is in custody in handcuffs (so that he cannot reach for a weapon or destroy evidence that might be in the backpack), and the police do not have a reasonable basis or probable cause to believe there is evidence of the offense for which he has been arrested in the backpack.

Counsel of record

For petitioner
Dale Marie Merrill
Law Office of Dale Marie Merrill

For respondent
Jennifer Kay Zalnasky
Office of the Attorney General of Massachusetts

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 26 2026
    Petition DENIED.
  2. Jan 08 2026
    DISTRIBUTED for Conference of 1/23/2026.
  3. Jan 02 2026
    Waiver of right of respondent Commonwealth of Massachusetts to respond filed.
  4. Dec 03 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2026)