Commonwealth v. Gentile, 2 N.E.3d 873

Two outstanding arrest warrants were executed at the defendant's Leominster apartment on June 24, 2010, after Trooper Napolitano confirmed the address from the defendant's ID.
Maura Stanley answered; the trooper entered the apartment without consent when Maura indicated the defendant was not present and there was movement inside.
In the bedroom the trooper found the defendant and observed firearms and a musket, later seizing them and collecting related items.
After transport to the barracks, the defendant partial admission and later consent to search led to discovery of a sword and BB gun tied to a burglary, which the trooper then retrieved.
The Commonwealth charged the defendant with five indictments for receipt of stolen property; the jury convicted on the sword and BB gun only.
A suppression motion challenged the entry as unlawful; the trial judge denied it, prompting appellate review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was a reasonable belief the arrestee was in the residence	Commonwealth contends the entry was justified by reasonable belief based on Maura's nervousness, directions, and interior movement.	Defendant argues there was insufficient objective facts to show arrestee present at time of entry.	Entry unconstitutional; belief not sufficiently strong to justify home invasion.
Whether the consent to reenter was tainted by the unlawful entry	Commonwealth asserts independent consent allowed retrieval of sword and BB gun.	Defendant asserts taint from illegal entry tainted subsequent consent and searches.	Suppression warranted; taint not attenuated; convictions vacated.
Effect on convictions for receipt of stolen property	Commonwealth argues convictions stand if tainted evidence can be admitted.	Defendant maintains convictions rest on illegally obtained items.	Convictions vacated; dismissal ordered on these indictments.

Payton v. New York, 445 Mass. 573 (1980) (arrest in home requires reasonable belief of arrestee presence)
Commonwealth v. Silva, 440 Mass. 772 (2004) (reasonable belief standard for entry is less exacting than probable cause)
United States v. Magluta, 44 F.3d 1530 (11th Cir. 1995) (early-morning presumption that subject is at home; context-specific)
Commonwealth v. DiBenedetto, 427 Mass. 414 (1998) (early-morning entry provides reason to believe defendant at home)
United States v. Werra, 638 F.3d 326 (1st Cir. 2011) (observational basis for reasonable belief must be supported by facts)
United States v. May, 68 F.3d 515 (D.C. Cir. 1995) (limited factual basis for reasonable belief in presence)