Commonwealth v. Erik A. Ferrara

Summary

The court upheld the denial of Ferrara's motion to suppress, concluding that the moped was properly impounded and inventoried under the department's policy and that police had no duty to offer alternatives. Because Ferrara's appeal remained pending after the governing change in firearms-license law, the Commonwealth was required to prove that he lacked a firearms license, and the failure to provide that instruction required a new trial on the firearm-possession convictions. The court reversed the defacement conviction because the Commonwealth presented insufficient evidence that Ferrara intentionally defaced the serial number, and it ordered entry of a not-guilty judgment on that charge.