State High Court Sides With Salem Police On 2015 Apartment Search

SALEM, MA — Drugs recovered during a 2015 police search of a Salem apartment were admissible during the trial of Arn Jones, the Massachusetts Supreme Judicial Court ruled Friday.

Jones, 43, unsuccessfully argued the drugs were discovered during an emergency sweep of the apartment. The search of the Dow Street apartment in October 2015 came after Christopher Gray, 37, called police from a closet of the apartment to report four armed men were in his girlfriend's apartment.

Jones, Gray, Gray's girlfriend Starica Healey, and three other men were all arrested on drug charges following the incident. Jones was convicted of possession with intent to distribute class B and D substance and a school zone violation.

When police arrived at the apartment, they met Gray coming out the back door. He said his girlfriend may have passed out in the apartment. When police knocked on the door there was no answer, so they entered as allowed under a Fourth Amendment exemption.

In his appeal, Jones argued the police found powder and crack cocaine and marijuana after the apartment had been secured. But thecourt said in its Friday ruling police reaosnably believed there could have still been another armed person hiding in the apartment even after all six people had been arrested.

"Given the information provided by Gray, it was therefore reasonable for the police to complete a protective sweep of the premises, despite the statement by Gray's girlfriend, to insure that there was no threat to her from a hidden man," the ruling concluded. "Indeed, it appears to have been the prudent course of action."

Dave Copeland covers Salem and other North Shore communities for Patch. He can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).