COMMONWEALTH v. THIBEAU


384 Mass. 762 (1981)

429 N.E.2d 1009

COMMONWEALTH vs. EUGENE C. THIBEAU.

Supreme Judicial Court of Massachusetts, Suffolk.

December 17, 1981.


Attorney(s) appearing for the Case

Robert J. Doyle for the defendant.

Peter Grabler, Legal Assistant to the District Attorney (Michael J. Traft & James M. Lynch, Assistant District Attorneys, with him) for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, NOLAN, & LYNCH, JJ.


LYNCH, J.

We consider here the constitutionality of a warrantless search of a bicyclist. The defendant was convicted of unauthorized possession of a controlled substance (phencyclidine, commonly known as PCP or angel dust) with intent to distribute. The defendant appeals, questioning the denial of his motion to suppress the PCP found on him. The Appeals Court, with one judge dissenting, affirmed the judgment. Commonwealth...

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