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There was no error in criminal cases against a male defendant and a female defendant in refusal of the judge during the trial to hold a voir dire concerning an entry and search by police officers of the apartment occupied by the defendants and the victim, or in the refusal of a request then made by the defendants for the first time to suppress as products of an illegal search and seizure a knife, a rubber hose and a vacuum cleaner pipe, where it appeared that the defendants had ample notice that such objects were in the possession of the Commonwealth, that the officers were lawfully admitted to the apartment and had probable cause to arrest the male defendant without a warrant, that the victim picked up the knife from a counter near the male defendant and brought the hose out of the bathroom and handed them to the officers, and that they were given the pipe by someone upstairs who was told to do so by the male defendant. [512-513]
On the following Sunday, November 30, the female defendant returned to the apartment. The male defendant told the victim that she was just getting everyone into trouble and that she ought to leave. He beat her with his hands, a shoe, a length of rubber hose, and a vacuum cleaner pipe. He handed a knife to the female defendant and told her to heat it. She did so and returned it to him, and he used it to burn the victim's neck and cut a pattern on her face. That night the female defendant took the victim to the YWCA and got her a room where she spent the night.
The victim spent Tuesday night and much of Wednesday at the apartment. On Wednesday evening, December 3, she went out, ostensibly "to get some clothes from the laundry," went to the police station, and made a complaint against the male defendant. A little after midnight she and two officers in uniform went to the apartment. The officers arrested the male defendant, and seized the knife, the rubber hose, and the vacuum cleaner pipe. The next day the
The defendants assign as error the judge's refusal to hold a voir dire concerning the entry and search at the apartment and his refusal to suppress the knife, hose and pipe as products of an illegal search and seizure. The attempt to exclude the evidence as illegally obtained was made for the first time when the evidence was offered at the trial and was not timely. Rule 101B of the Superior Court (1954). Commonwealth v. Lewis, 346 Mass. 373, 382, cert. den. sub nom. Lewis v. Massachusetts, 376 U.S. 933. Commonwealth v. Penta, 352 Mass. 271, 277. Commonwealth v. Hanger, 357 Mass. 464, 468. The defendants had ample notice that the exhibits were in the possession of the Commonwealth. The male defendant aided in the search and was present at the seizures. People v. Williams, 23 Mich. App. 129, leave to appeal den. 383 Mich. 792. He was personally informed that he was being arrested for assault and battery with a dangerous weapon, and three separate indictments against him for that crime specified, respectively, a rubber hose, a pipe, and a knife.
LAPP's Montana probation officer conducted a probation search of his residence that evening based on this information. During the search, the probation officer located a beige/tan lockbox that matched the description of the cash box taken from the casino which contained approximately $6,000 cash. She also located a .357 Ruger revolver with a chrome finish and black rubber grips on the kitchen table loaded with six rounds of ammunition.
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