No. 25-6312

Fred Baskin v. Massachusetts

Lower Court: Massachusetts
Docketed: 2025-12-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arrest evidence-suppression fourth-amendment probable-cause search-and-seizure warrantless-search
Key Terms:
FourthAmendment DueProcess CriminalProcedure Securities JusticiabilityDoctri
Latest Conference: 2026-01-23
Question Presented (from Petition)

I. Whether the Fourt h 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 can not reach for a weapon or destroy
evidence that might be in the backpack ), and the police do
not have a reasonable basis or pro bable cause to believe there
is evidence of the offense for which he has been arrested in
the backpack .

Question Presented (AI Summary)

Whether the Fourth Amendment is violated by a warrantless search of an arrestee's backpack when the arrestee is in handcuffs and the police lack probable cause to believe evidence of the offense is in the backpack

Docket Entries

2026-01-26
Petition DENIED.
2026-01-08
DISTRIBUTED for Conference of 1/23/2026.
2026-01-02
Waiver of right of respondent Commonwealth of Massachusetts to respond filed.
2025-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2026)

Attorneys

Commonwealth of Massachusetts
Jennifer Kay ZalnaskyOffice of the Attorney General of Massachusetts, Respondent
Fred Baskin
Dale Marie MerrillLaw Office of Dale Marie Merrill, Petitioner