Justice Mario Mattei

The court held a combined Dunway/Mapp/Huntley hearing in determining if police properly recovered weapons from the bathroom of the subject apartment where defendant was located but did not reside. A radio run was received of a domestic dispute with possible firearm involvement. Police found complainant outside crying indicating her boyfriend, the defendant, chased her out of the apartment and he may have a firearm. They received consent to enter the premises and discovered defendant in the bathroom with the door closed but unlocked. They entered securing defendant and recovering several weapons–including one on which he was sitting–and magazines. Defendant conceded police entry into the apartment was lawful but contested the officers' right to search the bathroom arguing his refusal to open the door was tantamount to a refusal to consent to a search. The court rejected such argument noting while an overnight guest may have a reasonable expectation of privacy in premises he did not reside, same did not mandate suppression. Even if defendant objected to search of the bathroom, his right was limited and police attempts to remove defendant from the bathroom were appropriate in an alleged domestic violence situation. Thus, suppression was denied.