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 (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

Question Presented (OCR Extract)

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 . 2 CORPORATE DISCLOSURE : There are no corporations who have an interest in this, or who are parties to this matter . 3 LIST OF ALL PRIOR PROCEEDINGS Commonwealth v. Baskin, Docket # FAR -30426, 496 Mass 1107, 2025 Lexis 365616, 2025 WL 2389641 (denied review, Sept. 4, 2025). Commonwealth v. Baskin , Docket # 23 -P-764, 105 Mass. App. Ct 1133, 2025 Lexis 114050 , 1133 WL 1649349 (Mass App. Ct. June 11, 2025) . Commonwealth v. Baskin , Docket # 2019 -P-1049, (merged with docket 23-P-7654 on June 11, 2023 ) Commonwealth v. Fr ederick Douglas Baskin , docket 1777CR 0097 ; Essex Superior Court, Salem/Lawrence, MA. 4

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