Commonwealth v. Carr, 458 Mass. 295

Indicted for drug offenses after discovery of illegal drugs in Gonzaga Hall room; motions to suppress warrantless search and statements; judge suppressed evidence; Appeals Court reversed; Massachusetts Supreme Judicial Court granted review to address voluntariness of consent; court affirms suppression and leaves initial entry undecided; key evidence includes replica gun, knives, marijuana, and other drugs found during search conducted after consent forms were signed.
Officers arrived midnight after an anonymous report; room occupants were confronted, Miranda rights read to Carr; officers conducted a room search seeking weapons; defendants were given consent-to-search forms but did not sign the consent halves; Miranda waiver was signed by both.
Consent to search was limited to signing of Miranda waiver; no intact signature on consent-to-search portions; officers obtained physical evidence during full search of the room.
The judge found the consent was not established; there were equivocal verbal responses and coercive, police-dominant circumstances; judge also found presence of armed officers and detentions created a coercive atmosphere.
Appellate review affirmed the suppression order; the court did not need to decide whether the initial entry was lawful given suppression based on lack of voluntary consent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was consent to search the room freely and voluntarily given?	Carr argued consent was not voluntary.	Commonwealth contends consent was voluntary.	No; consent not proven voluntary.
If consent not proven, did coercive police conduct vitiate voluntariness?	Yes, coercive factors undermined voluntariness.	No, voluntariness acceptable despite factors.	Coercive circumstances present; consent not voluntary.

Commonwealth v. Rogers, 444 Mass. 234 (2005) (burden on Commonwealth to show clear, voluntary consent; ambiguity defeats consent)
Commonwealth v. Yesilciman, 406 Mass. 736 (1990) (reasonable deference to trial judge on suppression rulings; weight of credibility for judge)
Commonwealth v. Aguiar, 370 Mass. 490 (1976) (consent must be unfettered by coercion; more than acquiescence to authority)
Commonwealth v. Walker, 370 Mass. 548 (1976) (factors for voluntariness include rights, coercion, and authority)
Commonwealth v. Harmond, 376 Mass. 557 (1978) (factors in assessing voluntariness; age, intelligence, custody, etc.)
Commonwealth v. Sanna, 424 Mass. 92 (1997) (explicit factors for consent voluntariness analysis)