6 Mass. App. Ct. 909 | Mass. App. Ct. | 1978
The defendant argues that it was error to permit the introduction in evidence of a firearm discovered through a "pat-down” of his person either just before (as the judge found) or just after (as the defendant contends) his arrest. The defendant concedes, as he must, that the police officer had probable cause to believe that the defendant and his companions had attempted to steal a wheel from a parked motor vehicle, and he further concedes that their arrest would be valid for that reason, apart from the firearm. His contention seems to be that the second paragraph of G. L. c. 276, § 1, as appearing in St. 1974, c. 508, makes inadmissible any evidence seized in a search incident to an arrest other than evidence related to the crime which justified the arrest. At
Judgment affirmed.