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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Commonwealth v. Jordan, 125 N.E.3d 800 (2019)

Citation
Commonwealth v. Jordan, 125 N.E.3d 800 (2019)
Parent Document
Commonwealth v. Jordan, 125 N.E.3d 800 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-05-15

Full Text

1,146 chars
Before entering the room, Officer Thomas announced three to five times, "Leominster Police K-9, surrender immediately or I will send the dog and he will bite you." The defendant, who was inside the motel room, did not surrender after the announcements. Thus, Officer Thomas and Justice entered the room. Justice first showed interest in one of the beds in the room, but Officer Thomas "saw this door ... to the bathroom creep closed." At this point, Justice "began scratching at the [bathroom] door indicating that there was a possible suspect inside." As Justice scratched at the door, the door was "slightly ajar." While Justice's head was between the door and the door jamb, the door "abruptly shut forward," and struck Justice on the side of the head. Officer Thomas and Justice entered the bathroom and observed the defendant, who was fully clothed, enter the bathtub and attempt to cover himself with the shower curtain. Officer Thomas provided at least two further warnings to the defendant to show his hands. The defendant did not comply, Officer Thomas sent Justice to the defendant, and Justice dragged the defendant out of the bathtub.