COMMONWEALTH v. MILLER


366 Mass. 387 (1974)

318 N.E.2d 909

COMMONWEALTH vs. JOHN D. MILLER.

Supreme Judicial Court of Massachusetts, Hampshire.

November 14, 1974.


Attorney(s) appearing for the Case

John M. Callahan, District Attorney (Stephen R. Kaplan, Assistant District Attorney, with him) for the Commonwealth.

Richard C. Whittier for the defendant.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.


REARDON, J.

The Commonwealth appeals under G.L.c. 278, § 28E, from an order allowing in part the defendant's motion to suppress evidence in cases involving narcotic charges. The trial judge made findings of fact in part as follows. A special officer of the Amherst police department, acting on the possibility that a Ford Econoline van was not properly registered, stopped it as it pulled away from the curb in an Amherst street. On request the operator handed the...

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