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COMMONWEALTH v. MURDOUGH

428 Mass. 760 (1999)

COMMONWEALTH v. JAMES J. MURDOUGH.

Supreme Judicial Court of Massachusetts, Franklin.

February 1, 1999.

Attorney(s) appearing for the Case

Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth.

Francis L. McDonald & Joseph T. Gorman, for the defendant, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

FRIED, J.

A judge of the District Court granted the defendant's motion to suppress evidence that came into plain view when a police officer, believing that the defendant might be under the influence of narcotics, ordered him to step out of his parked vehicle. The Appeals Court reversed, ruling that the police officer's order was reasonable in the circumstances. Commonwealth v. Murdough, 44 Mass.App.Ct. 736

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