The Supreme Judicial Court ruled today prosecutors cannot use a loaded gun seized from a teenager's room at a Roxbury shelter - or his comments that "the gun has no bodies on it" - because while a shelter manager agreed to the search, police didn't have a search warrant.
Police did have permission of the manager of the Roxbury Multi-Service Center Family House Shelter to search the room - she called police after hearing the 16-year-old had a gun and unlocked the room for officers, who found a Glock .40 caliber firearm loaded with hollow-point bullets - but a 5-2 majority of the court ruled that residents could not sign away their constitutional rights simply by signing an agreement to allow "room checks" at any time:
The room that the juvenile and his mother shared at the shelter was a transitional living space, but it was nonetheless their home. The juvenile slept and kept his belongings in the room. He and his mother possessed a key to the room, allowing them the degree of privacy inherent in a locked door. The fact that he did not own the room, that he was limited in his use of the room, and that shelter staff members had a master key and could enter the room "for professional business purposes" does not diminish the legitimacy of his privacy interest in the room. The same can be said of a patron of a hotel or a tenant in a boarding house, both of whom enjoy a reasonable expectation of privacy in their rooms.
Two justices dissented, saying the very nature of a transitional shelter means residents can expect no privacy and that the majority is making an absurd distinction between shelter staff - who can enter rooms at will - and police:
This is an entirely unwarranted and impractical distinction, requiring that the shelter staff resort to self-help in order to obtain prompt enforcement of the prohibition on firearms. Shelter staff are not trained in dealing with guns or people armed with guns, and they cannot arrest those in possession of weapons. A commonsense reading of the provisions of the manual regarding weapons plainly communicates that shelter staff, at its choosing, may seek police assistance in undertaking their reserved right to control the premises
Complete ruling.