Prior to trial, the defendant filed a motion to suppress "any and all physical items and observations obtained by members of the police on [the date of the search]." An evidentiary hearing on the defendant's motion was initially scheduled for June 7, 2017, but was continued twice in order for the Commonwealth to secure the appearance of the landlord. On the third scheduled date for the hearing, September 25, 2017, the Commonwealth informed the judge that the landlord would not appear at the hearing and thus would not be testifying. As a result, the judge allowed the defendant's motion to suppress without hearing evidence and before the Commonwealth had the opportunity to make an offer of proof.4 The judge stated: "The motion is allowed. And the absence of the landlord, I cannot find the Commonwealth has shown it had consent to be in the place from whence the officer peered through a crack in the door to see the evidence on which it based its application for a warrant."